[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66254-66258]
[FR Doc No: 2013-25950]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0328; Directorate Identifier 2012-NM-184-AD;
Amendment 39-17643; AD 2013-22-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2009-10-06 for
certain The Boeing Company Model 747-400 and -400D series airplanes. AD
2009-10-06 required repetitive inspections to detect cracks in the
floor panel attachment fastener holes of the Section 41 upper deck
floor beam upper chords, and corrective actions if necessary; and
repetitive post-repair and post-modification inspections, and
corrective actions if necessary. This new AD adds repetitive
inspections of Section 44 upper deck floor beam upper chords, and
corrective actions if necessary; repetitive post-repair and post-
modification inspections, and corrective actions if necessary; and
replacement of the upper deck floor beam upper chords. This AD was
prompted by an evaluation by the design approval holder (DAH)
indicating that certain upper chords of the upper deck floor beam are
subject to widespread fatigue damage (WFD). We are issuing this AD to
detect and correct fatigue cracking in certain upper chords of the
upper deck floor beam, which could become large and cause the floor
beams to become severed and result in rapid decompression or reduced
controllability of the airplane.

DATES: This AD is effective December 10, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 10,
2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
17, 2009 (74 FR 22424, May 13, 2009).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

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 address for the
Docket Office (phone:<PHONE_NUMBER>) is 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 FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009-10-06, Amendment 39-15901 (74 FR 22424,
May 13, 2009). AD 2009-10-06 applied to the specified products. The
NPRM published in the Federal Register on

April 16, 2013 (78 FR 22435). The NPRM proposed to continue to require
repetitive inspections to detect cracks in the floor panel attachment
fastener holes of the Section 41 upper deck floor beam upper chords,
and corrective actions if necessary; and repetitive post-repair and
post-modification inspections, and corrective actions if necessary. The
NPRM also proposed to add repetitive inspections of Section 44 upper
deck floor beam upper chords, and corrective actions if necessary;
repetitive post-repair and post-modification inspections, and
corrective actions if necessary; and replacement of the upper deck
floor beam upper chords.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 22435, April 16, 2013) and the FAA's response to each comment.

Request To Eliminate Duplicate Reference to Post-Repair and Post-
Modification Repetitive Inspections

    Boeing requested that we delete the reference to post-repair and
post-modification repetitive inspections from paragraph (g) of the NPRM
(78 FR 22435, April 16, 2013). Boeing stated that the post-repair and
post-modification inspections are required by paragraph (i) of the
NPRM, and need to be deleted from paragraph (g) of the NPRM to avoid
confusion.
    We agree to remove the duplicate reference to post-repair and post-
modification repetitive inspections from paragraph (g) of this final
rule. We have changed paragraph (g) of this final rule accordingly.

Request To Revise the Heading and Clarify Paragraph (k) of the NPRM (78
FR 22435, April 16, 2013)

    Boeing requested that we revise the heading of paragraph (k) of the
NPRM (78 FR 22435, April 16, 2013) to clarify that the modification
specified in Table 2 of paragraph 1.E., ``Compliance,'' of Boeing
Service Bulletin 747-53A2688, Revision 1, dated September 19, 2012, is
not new and is not fully terminating. Boeing also requested that we add
text concerning terminating inspections required by paragraphs (g) and
(j) of the NPRM, and also for the resumption of inspections required by
paragraphs (i) and (l) of the NPRM.
    We agree with the request. We have revised the heading of paragraph
(k) of this final rule to ``New Terminating Action for Certain
Conditions.'' We also agree with adding text to paragraph (k) of this
final rule to clarify which modifications or repairs as modifications
terminate which inspections required by this final rule. We have
revised paragraph (k) of this final rule to add new paragraph (k)(1) to
this final rule to specify that, for Section 41, doing a hole
modification or repair as a hole modification, in accordance with
``Part 2--Section 41--Repair,'' of the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated September
19, 2012, terminates the repetitive inspections specified in paragraph
(g) of this final rule. We have also included clarification in
paragraph (k)(1) of this final rule to indicate that the repetitive
inspections specified in paragraph (i) of this final rule must be done.
    We have also moved the content of paragraph (k) of the NPRM (78 FR
22435, April 16, 2013) to new paragraph (k)(2) of this final rule to
specify that, for Section 44, doing a hole modification or repair as a
hole modification, in accordance with ``Part 5--Section 44--Repair,''
of the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012, terminates the
repetitive inspections specified in paragraph (j) of this final rule.
We have also included clarification in paragraph (k)(2) of this final
rule to indicate that the repetitive inspections specified in paragraph
(l) of this final rule must be done.

Request To Restart Inspections After Replacement of Upper Deck Floor
Beam Upper Chords

    Boeing requested that we revise paragraph (m) of the NPRM (78 FR
22435, April 16, 2013) to add a note concerning the new inspection
threshold, equal to the original threshold, to restart inspections
after replacement of the upper deck floor beam upper chords. Boeing
stated that paragraph (m) of the NPRM requires the replacement of upper
deck floor beam upper chords in Sections 41 and 44, as given in Table 5
of Boeing Service Bulletin 747-53A2688, Revision 1, dated September 19,
2012. Boeing stated that the new inspection threshold needs to be
provided in paragraph (m) of this NPRM.
    We agree with the request to include a relieving compliance time
for the inspections required by this final rule for airplanes on which
the upper deck floor beam upper chords are replaced. Paragraphs (g),
(i), (j), and (l) of this final rule require repetitive inspections at
the applicable times specified in Tables 1 through 4 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2688, Revision 1,
dated September 19, 2012. However, Boeing Service Bulletin 747-53A2688,
Revision 1, dated September 19, 2012, does not specify that
accomplishing the replacement terminates the repetitive inspections,
nor does it provide a longer compliance time for the next inspection
done after accomplishing the replacement. We also agree that the next
inspection after accomplishing the replacement may be done within
20,000 flight cycles. We have determined that this compliance time will
provide an adequate level of safety. We have revised paragraph (m) of
this final rule to add the first interval for the repetitive
inspections required by this final rule for airplanes on which a
replacement required by paragraph (m) of this final rule is done.

Request To Add References to Paragraph (n)(1) of the NPRM (78 FR 22435,
April 16, 2013)

    Boeing requested that we revise paragraph (n)(1) of the NPRM (78 FR
22435, April 16, 2013) to refer to paragraphs (j) and (l) of the NPRM.
Boeing stated that since paragraph (n) of the NPRM is referring to new
exceptions, it should refer to cracks found as part of the new
inspections specified in paragraph (i), (j), or (l) of the NPRM
(reference Compliance Tables 2, 3, or 4 of Boeing Service Bulletin 747-
53A2688, Revision 1, dated September 19, 2012).
    We partially agree with the request. We have added a reference to
paragraph (j) of this final rule in paragraph (n)(1) of this final
rule. Paragraph (j) of this final rule already references paragraph
(n)(1) of this final rule as an exception. However, we do not agree to
add a reference to paragraph (l) of this final rule in paragraph (n)(1)
of this final rule, because paragraph (l) of this final rule does not
include a reference to the service information for the corrective
action. Paragraph (l) of this final rule specifies to refer to the
procedures in paragraph (p) of this final rule for airplanes on which
any cracking is found.

Request To Allow Boeing Organization Designation Authorization (ODA)
Approval

    Boeing requested we revise paragraph (n)(3) of the NPRM (78 FR
22435, April 16, 2013) to allow the full provisions of Boeing ODA
approval. Boeing stated that alternative method of compliance (AMOC)
approval provisions allowed in paragraph (p) of the NPRM should apply
to all sections of the NPRM.
    We disagree. Paragraph (p)(3) of this final rule already allows for
ODA

approval of repairs. We have not changed this final rule in this
regard. However, we have revised paragraph (n)(3) of this final rule to
clarify where the service information specifies to contact the FAA,
operators must contact the Seattle Aircraft Certification Office (ACO).

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously 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 22435, April 16, 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 22435, April 16, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 84 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained actions from  Up to 50 work-hours              $0  Up to $4,250 per     Up to $357,000 per
 AD 2009-10-06, Amendment           x $85 per hour =                     inspection cycle.    inspection cycle.
 39[dash]15901 (74 FR 22424, May    Up to $4,250 per
 13, 2009)).                        inspection cycle.
Inspection (new action)..........  259 work-hours x                  0  $22,015 per          $1,849,260 per
                                    $85 per hour =                       inspection cycle.    inspection cycle.
                                    $22,015 per
                                    inspection cycle.
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    We have received no definitive data that would enable us to provide
a cost estimate for the repair or modification specified in 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 have 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2009-10-06, Amendment 39-15901 (74 FR 22424, May 13, 2009), and adding
the following new AD:

2013-22-11 The Boeing Company: Amendment 39-17643; Docket No. FAA-
2013-0328; Directorate Identifier 2012-NM-184-AD.

(a) Effective Date

    This AD is effective December 10, 2013.

(b) Affected ADs

    This AD supersedes AD 2009-10-06, Amendment 39-15901 (74 FR
22424, May 13, 2009).

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400D
series airplanes; certificated in any category; as identified in
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that certain upper chords of the upper deck
floor beam are subject to widespread fatigue damage (WFD). We are
issuing this AD to detect and correct fatigue cracking in certain
upper chords of the upper deck floor beam, which could become large
and cause the floor beams to become severed and result in rapid
decompression or reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Inspections and Corrective Actions With Revised Service
Information and Compliance Times

    This paragraph restates the actions required by paragraph (g) of
AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 13, 2009), with
revised service information and compliance times. Except as required
by paragraphs (h)(1) and (h)(2) of this AD: At the applicable times
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2688, dated August 21, 2008, do an inspection (open-hole or
surface high frequency eddy current (HFEC)) to

detect cracks in the floor panel attachment fastener holes of the
Section 41 upper deck floor beam upper chords, and do applicable
corrective actions, by accomplishing all the applicable actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2688, dated August 21, 2008; or Revision 1, dated
September 19, 2012. Repeat the inspections thereafter at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2688, dated August 21, 2008,
except as required by paragraphs (i) and (m) of this AD. As of the
effective date of this AD, use only Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012, to accomplish the
actions in this paragraph.

(h) Retained Exceptions

    (1) This paragraph restates the exception stated in paragraph
(h) of AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 13,
2009). If any crack is found during any inspection required by
paragraph (g) of this AD, and Boeing Alert Service Bulletin 747-
53A2688, dated August 21, 2008; or Revision 1, dated September 19,
2012; specifies to contact Boeing for appropriate action: Before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (p) of this
AD.
    (2) This paragraph restates the exception stated in paragraph
(i) of AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 13,
2009). Where Boeing Alert Service Bulletin 747-53A2688, dated August
21, 2008, specifies a compliance time after the date on the service
bulletin, this AD requires compliance within the specified
compliance time after June 17, 2009 (the effective date of AD 2009-
10-06).

(i) Inspections and Corrective Actions for Airplanes on Which a Repair
or Modification Is Done (for Section 41)

    For airplanes on which a repair or modification identified in
Table 2 of 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012, has been done: At
the times specified in Table 2 of paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012, except as required by paragraph (n)(3) of this
AD, do open-hole and surface HFEC inspections, as applicable, for
cracking, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012. Repeat at the applicable intervals specified in
Table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2688, Revision 1, dated September 19, 2012. If any
cracking is found in the repaired or modified locations, before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (p) of this
AD.

(j) New Inspections and Repair

    For Group 1 airplanes identified in Boeing Alert Service
Bulletin 747-53A2688, Revision 1, dated September 19, 2012: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012, except as specified in paragraph (n)(2) of this
AD, do an open-hole or surface HFEC inspection to detect cracking in
the floor panel attachment fastener holes of the Section 44 upper
deck floor beam upper chords, and all applicable corrective actions,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2688, Revision 1, dated September 19, 2012,
except as required by paragraph (n)(1) of this AD. Repeat the
inspections thereafter at the applicable intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012, except as
provided by paragraph (m) of this AD. Do all applicable corrective
actions before further flight.

(k) New Terminating Action for Certain Conditions

    (1) For Section 41: Doing a hole modification or repair as a
hole modification, in accordance with ``Part 2--Section 41--
Repair,'' of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2688, Revision 1, dated September 19, 2012,
terminates the repetitive inspections specified in paragraph (g) of
this AD. However, the repetitive inspections specified in paragraph
(i) of this AD must be done.
    (2) For Section 44: Doing a hole modification or repair as a
hole modification, in accordance with ``Part 5--Section 44--
Repair,'' of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2688, Revision 1, dated September 19, 2012,
terminates the repetitive inspections specified in paragraph (j) of
this AD. However, the repetitive inspections specified in paragraph
(l) of this AD must be done.

(l) New Inspections and Corrective Actions for Airplanes on Which a
Repair or Modification Is Done (for Section 44)

    For airplanes on which a repair or modification specified in the
``Condition'' column of Table 4 of paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012, has been done: At the times specified in Table 4
of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012, except as
required by paragraph (n)(3) of this AD, do open hole and surface
HFEC inspections, as applicable, for cracking, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2688, Revision 1, dated September 19, 2012. Repeat at the
applicable intervals specified in Table 4 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688,
Revision 1, dated September 19, 2012. If any cracking is found in
the repaired or modified locations, before further flight, repair
the crack using a method approved in accordance with the procedures
specified in paragraph (p) of this AD.

(m) New Replacement and Post-Replacement Inspections

    At the time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012: Replace Section 41 and 44 upper deck floor beam
upper chords, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012. Repeat the inspections required by paragraphs
(g) and (j) of this AD within 20,000 flight cycles after doing the
replacement. Thereafter, repeat the inspection required by
paragraphs (g) and (j) of this AD at the times specified in
paragraphs (g) and (j) of this AD.

(n) New Exceptions

    (1) If any crack is found during any inspection required by
paragraph (i), (j), or (l) of this AD, and Boeing Alert Service
Bulletin 747-53A2688, Revision 1, dated September 19, 2012,
specifies to contact Boeing for appropriate action: Before further
flight, repair the crack using a method approved in accordance with
the procedures specified in paragraph (p) of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2688, Revision 1,
dated September 19, 2012, specifies a compliance time ``after the
Revision 1 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (3) Where Table 2 or Table 4 of paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012, specifies to contact Boeing for inspections and
compliance times: Before further flight, contact the Manager, FAA,
Seattle Aircraft Certification Office (ACO), for inspections and
compliance times and accomplish the inspections at the given times.

(o) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 747-
53A2688, dated August 21, 2008.

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in paragraph (q)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet

the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2009-10-06, Amendment 39-15901 (74 FR
22424, May 13, 2009), are approved as AMOCs for the corresponding
actions of this AD.

(q) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Service information that is not incorporated by reference in
this AD may be obtained at the addresses identified in paragraph
(r)(5) of this AD.

(r) 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.
    (3) The following service information was approved for IBR on
December 10, 2013.
    (i) Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated
September 19, 2012.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
June 17, 2009 (74 FR 22424, May 13, 2009).
    (i) Boeing Alert Service Bulletin 747-53A2688, dated August 21,
2008.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at FAA, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 17, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-25950 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58341-58342]
[FR Doc No: 2017-26408]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0574; FRL-9971-56-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Removal of Clean Air Interstate Rule Trading Programs
Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal
of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the September 25, 2017 direct
final rule that approved two state implementation plan (SIP) revisions
submitted by the State of West Virginia removing the Clean Air
Interstate Rule (CAIR) annual nitrogen oxide (NOX) and
annual sulfur dioxide (SO2) trading programs from the West
Virginia SIP.

DATES: The direct final rule published at 82 FR 44525 on September 25,
2017 is withdrawn as of December 12, 2017.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION: On July 13, 2016, the State of West
Virginia, through the West Virginia Department of Environmental
Protection (WVDEP), submitted three SIP revisions requesting that EPA
remove from its SIP three regulations that implemented the CAIR (70 FR
25162, May 12, 2005) trading programs: Regulation 45CSR39--Control of
Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone
Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of
Annual Sulfur Dioxide Emissions. The September 25, 2017 action
pertained to the two submittals that requested removal of 45CSR39 and
45CSR41, the CAIR annual NOX and annual SO2
trading programs, respectively, from the West Virginia SIP. The
submittal pertaining to removal of the CAIR ozone season NOX
trading program was not a part of that action and is being addressed in
a separate action. In the direct final rule published on September 25,
2017 (82 FR 44525), EPA stated that if EPA received adverse comments by
October 25, 2017, the rule would be withdrawn and not take effect. EPA
subsequently received an adverse comment from an anonymous commenter.

    Because an adverse comment was received, EPA is withdrawing the
direct final rule approving the revisions to the West Virginia SIP that
remove the CAIR annual trading programs for NOX and
SO2. EPA will address the comment received in a subsequent
final action based upon the proposed rulemaking action also published
on September 25, 2017 (82 FR 44544), for the two July 13, 2016 SIP
submissions. EPA will not institute a second comment period on this
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.

0
Accordingly, the amendments to Sec.  52.2520(c) published on September
25, 2017 (82 FR 44525), which were to become effective December 26,
2017, are withdrawn as of December 12, 2017.

[FR Doc. 2017-26408 Filed 12-11-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Page 74611]
[FR Doc No: 2022-26476]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-489-000]

Neptune Energy Center, 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
Neptune Energy Center, 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 December 20, 2022.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: November 30, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26476 Filed 12-5-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7433-7436]
[FR Doc No: 2021-01833]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90969; File No. SR-CboeEDGX-2021-005]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Its Opening Process for Simple Orders

January 22, 2021.
    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 January 11, 2021, 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 Options'')
proposes to amend its opening process for simple orders. The text of
the proposed rule change is provided in Exhibit 5.
    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
    The Exchange proposes to amend Rule 21.7 regarding its opening
process for simple orders. Currently, following the occurrence of an
opening rotation trigger pursuant to Rule 21.7(d), the System conducts
an opening rotation for an option series. Following the opening
rotation trigger, the System conducts the Maximum Composite Width Check
pursuant to Rule 21.7(e)(1) to determine

if a series is eligible to open. If the Composite Market \5\ of a
series is not crossed, and the Composite Width \6\ of the series is
less than or equal to the Maximum Composite Width (as defined in Rule
21.7(a)), the series is eligible to open. Additionally, if the
Composite Market of a series is not crossed, and the Composite Width of
the series is greater than the Maximum Composite Width, but there are
(i) no non-M Capacity (a) market orders or (b) buy (sell) limit orders
with prices higher (lower) than the Composite Market midpoint and (ii)
no orders or quotes marketable against each other, the series is
eligible to open. Once a series become eligible to open, the System
conducts the opening auction for the series (i.e., determines the
opening trade price pursuant to Rule 21.7(e)(2) and opens the series
pursuant to Rule 21.7(e)(3)). The Exchange may also determine to compel
a series to open in the interest of fair and orderly markets, including
if the opening width is wider than the Maximum Composite Width,
pursuant to Rule 21.7(h).
---------------------------------------------------------------------------

    \5\ The term ``Composite Market'' means the market for a series
comprised of (1) the higher of the then-current best appointed
Market-Maker bulk message bid on the Exchange and the away best bid
(``ABB'') (if there is an ABB) and (2) the lower of the then-current
best appointed Market-Maker bulk message offer on the Exchange and
the away best offer (``ABO'') (if there is an ABO). The term
``Composite Bid (Offer)'' means the bid (offer) used to determine
the Composite Market. See Rule 21.7(a).
    \6\ The term ``Composite Width'' means the width of the
Composite Market (i.e., the width between the Composite Bid and the
Composite Offer) of a series. See Rule 21.7(a).
---------------------------------------------------------------------------

    Currently, if a series cannot satisfy these conditions described
above (and thus is not eligible to open), the series is ineligible to
open.\7\ When that occurs, the Queuing Period \8\ for the series
continues (including the dissemination of opening auction updates)
until the Maximum Composite Width Check is satisfied or the Exchange
determines to open the series pursuant to Rule 21.7(h). The proposed
rule change adds that such a series may open pursuant to a forced
opening as set forth in proposed Rule 21.7(f).\9\ Specifically, as
proposed, if a series in an equity or exchange-traded product (``ETP'')
option class \10\ is unable to open because it does not satisfy the
Maximum Composite Width Check described above within a time period
(which the Exchange determines for all equity and ETP option classes)
\11\ after the occurrence of the opening rotation trigger for the class
pursuant to Rule 21.7(d), and the Composite Market is not crossed, the
System forces the series to open after that time period upon the
System's observation of an away best bid and offer (``ABBO'') (with a
non-zero offer) \12\ for the series.\13\ For a series subject to a
forced opening, the opening trade price determination and series open
set forth in Rule 21.7(e)(2) and (3) (i.e., the opening auction) do not
occur; instead, the System opens the series without a trade. This will
permit a series to open for trading on the Exchange if the series is
open for trading on at least one other options exchange, even though
the market for the series on the Exchange may be wide.
---------------------------------------------------------------------------

    \7\ See Rule 21.7(e)(1)(C). The proposed rule change codifies in
this provision that a series is not eligible to open if there is no
Composite Market or if the Composite Market is crossed. This is true
today and implied by the current rule text. Rule 21.7(e)(1)(A) and
(B) both state that the Maximum Composite Width Check is only
satisfied if the Composite Market of a series is not crossed, and
the proposed rule change merely adds the same language to
subparagraph (C) (i.e., if the Composite Market of a series is
crossed, then neither of the conditions in subparagraph (A) or (B)
could be satisfied, and the series would be ineligible to open).
Additionally, if there were no Composite Market or if it were
crossed, the System would be unable to perform the Maximum Composite
Width Check, thus meaning the series could not satisfy that check
and thus would not be eligible to open. This proposed change merely
adds detail to the Rules for additional transparency.
    \8\ The term ``Queuing Period'' means the time period prior to
the initiation of an opening rotation during which the System
accepts orders and quotes in the Queuing Book (the book into which
Users may submit orders for participation in the opening rotation)
for participation in the opening rotation for the applicable trading
session. See Rule 21.7(a).
    \9\ The proposed forced opening process has no impact on the
modified opening auction process set forth in Rule 21.7(j).
    \10\ The proposed rule change is limited to series in equity and
ETP option classes because these classes are eligible for listing on
all U.S. options exchanges.
    \11\ See Rule 16.3 (which permits the Exchange to announce
determinations by, among other things, notice, regulatory circular,
and specification).
    \12\ Such an ABBO would indicate that an away exchange is open,
as it would have disseminated an opening quote.
    \13\ The Exchange currently has a similar forced opening after a
specified amount of time for complex order strategies. See Rule
21.20(c)(2)(C).
---------------------------------------------------------------------------

    The proposed change to Rule 21.7(f) provides that in the event of a
forced opening of a series pursuant to proposed Rule 21.7(e)(4) or a
compelled opening of a series pursuant to paragraph (h), the System
enters all of a User's orders in that series in the Queuing Book into
the Book in the manner set forth in current Rule 21.7(f), unless a User
instructs the System to cancel its market orders or all of its orders,
in which case the System enters only the non-cancelled orders into the
Book in this manner. Specifically, they will be processed in accordance
with Rule 21.8 (as unexecuted orders and quotes are handled following
the conclusion of the opening rotation), which describes how the System
processes, handles, and executes orders. If any order or quote in the
Queuing Book is marketable upon the forced opening (and the User does
not instruct the System to cancel it as proposed), the System would
execute marketable orders subject to the priority rules set forth in
Rule 21.8. If an order is marketable against away interest and is
eligible for routing, the System may route the order for execution to
an away exchange. Any non-marketable order would enter the Book or
cancel, subject to the User instructions. This proposed change provides
Users with flexibility for automated handling of their orders in the
event a series opens with a wide market or is otherwise manually opened
when the opening conditions may not otherwise be standard. If a series
satisfies the Maximum Composite Width Check prior to the System's
observation of an ABBO for the series, the series opens pursuant to
Rule 21.7(d)(2) and (3) (i.e., the standard opening auction process
occurs for the series). For example, suppose the Exchange determined
the ``forced opening'' timer to be three minutes. If the opening
trigger for a series occurs at 9:30:05 Eastern time but the series does
not satisfy the Maximum Composite Width Check after the trigger, the
System will force the series open after 9:33:05 Eastern time if it has
received an ABBO by that time. However, if the series satisfies the
Maximum Composite Width Check at 9:32:30, the series will open in
accordance with the normal opening auction process.
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.\14\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \15\ 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) \16\ requirement that

the rules of an exchange not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed forced opening
process for simple orders will remove impediments to and perfect the
mechanism of a free and open market and a national market system and
protect investors. The proposed rule change will provide for series to
open for trading on the Exchange sooner than they may open currently,
as long as they are open for trading on other options exchanges. The
Exchange believes the proposed rule change will benefit investors,
because it may permit these options to open sooner and increase the
times during which investors may conduct trading in these options.
Additionally, this may increase liquidity in the market for a series
that is otherwise open on another options exchange. While the market on
the Exchange for a series may be wider than the Maximum Composite
Width,\17\ the Exchange believes it is reasonable to open the series if
it opened for trading on another options exchange pursuant to that
exchange's Commission-approved rules. Options exchanges have varying
opening processes and have made separate determinations on what
constitutes separate, reasonable opening market widths. The Exchange
believes if other options exchanges opened a series with a market
width, it is reasonable to open the series for trading on the Exchange
as well (as orders submitted to other exchanges may be trading at those
widths). Since orders may not trade outside of the disseminated NBBO
(which defines the then-current market for the series), any orders
resting in the Queuing Book that may execute following the forced
opening will receive protection against executions at potentially
erroneous prices. Additionally, the proposed ability of Users to cancel
orders in the event of a forced opening will provide Users with
additional protection. Additionally, the Exchange believes opening
series for trading on the Exchange that are open for trading on other
options exchanges will put Exchange Users on equal footing with other
market participants, as it will provide Users' orders that are
otherwise resting in the Queuing Book and awaiting execution with the
ability to get into the market for potential execution.
---------------------------------------------------------------------------

    \17\ The Exchange notes pursuant to Rule 21.7(e)(1)(B), there
are currently instances in which the Exchange will open for trading
despite the Composite Market Width being larger than the Maximum
Composite Width.
---------------------------------------------------------------------------

    The Exchange currently has the authority to deviate from the
standard opening process, including to temporarily increase the Maximum
Composite Width amounts (i.e., widen the permissible opening market)
and to compel a series open, even if the Maximum Composite Width check
is not satisfied, but that may only happen manually if the Exchange
determines it is necessary in the interests of a fair and orderly
market.\18\ Currently, if a series is open on another exchange but not
on the Exchange, the Exchange generally manually increases the Maximum
Composite Width for the series until the series opens. Manually
increasing the Maximum Composite Width for a series until the series
open is a different manual process than compelling the series to open,
but ultimately achieves the same result of causing a series that does
not satisfy the Maximum Composite Width check to otherwise open. The
Exchange believes it is in the interests of a fair and orderly market
to deviate from the opening process to systematically force a series to
open, despite a wide Exchange market, if the series is open for trading
on another exchange to provide investors with orders in that series
resting on the Exchange's Queuing Book to have the same execution
opportunities as other investors who submitted orders to other options
exchanges with different opening conditions. The proposed rule change
is consistent with this authority and creates an automated compelled
opening in certain circumstances to replace the manual process
currently used. This will benefit investors by providing additional
transparency to the Rules regarding when a series may open despite not
satisfying the Maximum Composite Width check as well as remove
impediments to and perfect the mechanism of a free and open market and
a national market system by automating an otherwise manual process.
---------------------------------------------------------------------------

    \18\ See Rule 21.7(h); see also definition of Maximum Composite
Width and Opening Collar in Rule 21.7(a).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change to permit Users to
give the System a standing instruction regarding how to handle their
orders when a forced or manually compelled (for simple orders) opening
of series occurs will benefit investors, as it will give them an
additional tool to manage their orders in connection with the opening
of series. Users may currently cancel any of their orders resting in
the Queuing Book prior to the opening of a series, and they may cancel
any orders that do not execute at the open once those orders are in the
Book or COB, as applicable. Because the Exchange market may be wider in
these situations, the Exchange believes it is appropriate to provide
Users with the ability to cancel market orders so they don't execute at
the wider market prices once in the Book or cancel all of their orders
if they prefer.

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 Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because all Users may trade in
any series that opens subject to the proposed forced opening process.
The Exchange believes it is appropriate to limit the forced opening to
equity and ETP options, as those may be multiply listed on exchanges.
Additionally, all Users will have the opportunity to instruct the
System to cancel its market orders or all open orders in the event of a
forced or otherwise manual opening. Cancellation of some or all of a
User's orders in the event of such an opening would be voluntary and
completely within the User's discretion.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed forced opening process will permit series to open on the
Exchange that are otherwise open for trading on other options Exchange,
which may increase liquidity and competition in those series sooner.
Additionally, the Exchange believes opening series for trading on the
Exchange that are open for trading on other options exchanges will put
Exchange Users on equal footing with other market participants, as it
will provide Users' orders that are otherwise resting in the Queuing
Book and awaiting execution with the ability to get into the market for
potential execution. The proposed flexibility for Users to instruct the
System how to handle their orders in the event of a forced or manual
opening applies only to how a Users' orders on the Exchange will be
handled in such a circumstance.

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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \19\ of the Act and Rule 19b-4(f)(6) \20\
thereunder. 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\21\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give 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
filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exhange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. Waiver of the operative delay will
immediately permit series to open for trading on the Exchange when
those series are already open for trading on other options exchanges
pursuant their respective rules, and provide Users' orders that are
otherwise resting in the Queuing Book and awaiting execution with the
ability to get into the market for potential execution, thereby putting
such Users on equal footing with other market participants as soon as
possible. In addition, the proposal automates an aspect of the opening
process that the Exchange currently has the authority to perform
manually. Therefore, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. The Commission hereby designates the proposed rule
change to be operative upon filing.\24\
---------------------------------------------------------------------------

    \22\ Id.
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
    \24\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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-2021-005 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-2021-005. 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
20549-1090 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-2021-005 and should
be submitted on or before February 18, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01833 Filed 1-27-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Rules and Regulations]
[Pages 20439-20441]
[FR Doc No: 2015-08759]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0236]
RIN 1625-AA00

Safety Zone; Sabine River, Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Sabine River in Orange, TX in support of Deep
South Racing Association boat races. This temporary safety zone is
necessary to protect the surrounding public and vessels from the
hazards associated with a boat race competition. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port or
his designated representative.

DATES: This rule is effective on May 30 and 31, 2015. This rule will be
enforced from 8:30 a.m. until 6:00 p.m. on May 30 and May 31, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0236]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, U.S. Coast Guard MSU Port Arthur, (409)
719-5086 or email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNM Broadcast Notices to Mariners
DSRA Deep South Racing Association
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) 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 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. The Coast Guard received notice on March 16,
2015 that this event is planned to take

place May 30 and 31, 2015. Upon full review of the event details, the
Coast Guard determined that additional safety measures are necessary.
Completing the full NPRM process would be impracticable, delaying the
effective date for this safety zone. Immediate action is necessary to
protect event participants and members of the public from hazards
associated with high speed boat races on the waterway. This event is
advertised and the local community has planned for this event. Delaying
the safety zone may also unnecessarily interfere with the planned event
and possible contractual obligations.
    The Coast Guard will notify the public and maritime community that
the safety zone will be in effect and of its enforcement periods via
broadcast notices to mariners (BNM) and will be published in the Local
Notice to Mariners (LNM).

B. Basis and Purpose

    The Deep South Racing Association (DSRA) is holding a two day
watercraft race competition on the Sabine River in Orange, TX on May 30
and 31, 2015. This event poses a hazard to life and property as it
involves high speed watercraft racing in a narrow waterway used by
other commercial and recreational vessel traffic. Additionally, the
race event is likely to attract spectator craft to the area. The Coast
Guard determined that a temporary safety zone is needed to protect
spectators as well as persons participating in the event. The legal
basis and authorities for this rulemaking establishing a safety zone
are found in 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, which collectively authorize the Coast Guard to establish and
define regulatory safety zones.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone
encompassing all waters of the Sabine River, shoreline to shoreline,
adjacent to the Naval Reserve Unit and the Orange public boat ramps
located in Orange, TX. The northern boundary is from the end of Navy
Pier One at 30[deg]05'50'' N. 93[deg]43'15'' W. then easterly to the
rivers eastern shore. The southern boundary is a line shoreline to
shoreline at latitude 30[deg]05'33'' N. (NAD83).
    This safety zone is needed to protect mariners and event
participants from hazards associated with high speed boat races. No
person or vessel may enter into or remain in the zone without
permission of the Captain of the Port.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: (1) The rule will be
enforced for 9.5 hours each day for two days; (2) scheduled breaks will
be provided to allow waiting vessels to transit safely through the
affected area; (3) persons and vessels may enter, transit through,
anchor in, or remain within the regulated area if they obtain
permission from the Captain of the Port or the designated
representative; and (4) advance notification will be made to the
maritime community via BNM and LNM. Therefore, the Coast Guard
enforcement of this safety zone is not a significant regulatory action.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit through or remain in the safety zone area. 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
for the following reasons: (1) This rule will only be enforced from
8:30 a.m. until 6 p.m. each day that it is effective; (2) during non-
enforcement hours all vessels will be allowed to transit through the
safety zone without having to obtain permission from the Captain of the
Port, Port Arthur or a designated representative; and (3) vessels will
be allowed to pass through the zone with permission of the Coast Guard
Patrol Commander during scheduled break periods between races and at
other times when permitted by the Coast Guard Patrol Commander.

3. Assistance for Small Entities

    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,
above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 safety zone established for the
protection of spectators from the hazards associated with a personal
watercraft race competition. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A checklist and categorical exclusion determination will
be provided in the docket accessible as indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. A new temporary section, Sec.  165.T08-0236, is added to read as
follows:

Sec.  165.T08-0236  Safety Zone; Sabine River, Orange, TX.

    (a) Location. The following area is a safety zone: All waters of
the Sabine River, shoreline to shoreline, adjacent to the Orange public
boat ramps located in Orange, TX. The northern boundary is from the end
of old Navy Pier One at 30[deg]05'50'' N. 93[deg]43'15'' W. then
easterly to the rivers eastern shore. The southern boundary is a line
shoreline to shoreline at latitude 30[deg]05'33'' N. (NAD83).
    (b) Effective dates and enforcement times. This rule is effective
on May 30 and 31, 2015. This rule will be enforced from 8:30 a.m. until
6:00 p.m. on May 30 and 31, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, no person or vessel may enter into or remain
in the zone without permission of the Captain of the Port.
    (2) Persons or vessels requiring entry into or passage through the
zone may contact the Captain of the Port, Port Arthur, or a designated
representative. They may be contacted on VHF-FM Channels 16, or by
phone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Port Arthur and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
    (d) Information Broadcasts. The Captain of the Port, Port Arthur or
a designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.

    Dated: March 31, 2015.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2015-08759 Filed 4-15-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4166-4168]
[FR Doc No: 2021-00817]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90893; File No. SR-NYSE-2020-94]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Approval of Proposed Rule Change To Amend Section 907.00 of
the Manual To Extend the Period of Time for the Entitlement of Certain
Eligible Issuers To Receive Complimentary Products and Services Under
That Rule

January 11, 2021.

I. Introduction

    On November 6, 2020, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Section 907.00 of the NYSE Listed Company
Manual (``Manual'') to extend the period of time for certain eligible
issuers to be entitled to receive complimentary products and services
under the rule. The proposed rule change was published in the Federal
Register on November 27, 2020.\2\ The Commission received no comments
on the proposal. This order grants approval of the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ See Securities Exchange Act Release No. 90466 (November 20,
2020), 85 FR 76129 (``Notice'').
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II. Description of the Proposal

    As set forth in Section 907.00 of the Manual, the Exchange offers
certain complimentary products and services and access to discounted
third-party products and services through the NYSE Market Access Center
to currently and newly listed issuers, as described on the Exchange's
website. In addition, the Exchange provides all listed issuers with
complimentary access to whistleblower hotline services (with a
commercial value of approximately $4,000 annually) for a period of 24
calendar months.\3\ The Exchange also provides additional complimentary
products and services to certain

categories of currently and newly listed issuers, which complimentary
services include market surveillance products and services (with a
commercial value of approximately $55,000 annually), web-hosting
products and services (with a commercial value of approximately $16,000
annually), web-casting services (with a commercial value of
approximately $6,500 annually), market analytics products and services
(with a commercial value of approximately $30,000 annually), and news
distribution products and services (with a commercial value of
approximately $20,000 annually).\4\
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    \3\ See Section 907.00 of the Manual.
    \4\ See id.
---------------------------------------------------------------------------

    Section 907.00 of the Manual currently provides that the Exchange
will offer complimentary products and services to Eligible New Listings
\5\ and Eligible Transfer Companies \6\ based on two tiers as follows:
\7\ (i) for Eligible New Listings and Eligible Transfer Companies with
a global market value of $400 million or more, in each case calculated
as of the date of listing on the Exchange,\8\ the Exchange offers
market surveillance, market analytics, web-hosting, webcasting, and
news distribution products and services for a period of 24 calendar
months (``Tier A''); and (ii) for Eligible New Listings and Eligible
Transfer Companies with a global market value of less than $400
million, in each case calculated as of the date of listing on the
Exchange, the Exchange offers web-hosting, market analytics, web-
casting, and news distribution products and services for a period of 24
calendar months (``Tier B'').\9\ NYSE states that the products and
services offered to Eligible New Listings and Eligible Transfer
Companies under Section 907.00 of the Manual as part of the
complimentary offering that is limited to those categories of issuers
are, and under the proposal will continue to be, provided solely by
third-party vendors.
---------------------------------------------------------------------------

    \5\ For the purposes of Section 907.00, the term ``Eligible New
Listing'' means (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), and carve-out
(where a company carves out a business line or division, which then
conducts a separate initial public offering).
    \6\ For purposes of Section 907.00, the term ``Eligible Transfer
Company'' means any U.S. or non-U.S. company that transfers its
listing of common stock or equity securities, respectively, to the
Exchange from another national securities exchange. For purposes of
Section 907.00, an ``equity security'' means common stock or common
share equivalents such as ordinary shares, New York shares, global
shares, American Depository Receipts, or Global Depository Receipts.
    \7\ Section 907.00 of the Manual provides for separate service
entitlements for acquisition companies listed under Section 102.06
and the issuers of Equity Investment Tracking Stocks listed under
Section 102.07. See Notice, supra note 2, at 76129, n.6.
    \8\ Global market value for an Eligible New Listing and Eligible
Transfer Company is based on the public offering price; if there is
no public offering in connection with listing on the Exchange, then
the Exchange shall determine the issuer's global market value at the
time of listing for purposes of determining whether the issuer
qualifies for Tier A or B. See Section 907.00 of the Manual.
    \9\ See Section 907.00 of the Manual. The Exchange offers to
certain companies currently listed on the Exchange (``Eligible
Current Listings'') a suite of complimentary products and services
that vary depending on the number of shares of common stock (for
U.S. issuers) or other equity security (for non-U.S. issuers) that a
company has issued and outstanding. At the conclusion of the 24-
month period, Eligible New Listings and Eligible Transfer Companies
would be eligible to receive products and services offered to
Eligible Current Listings if they qualify under Section 907.00 of
the Manual. See id.
---------------------------------------------------------------------------

    The Exchange proposes to amend Section 907.00 of the Manual to
extend the period for which Eligible New Listings and Eligible Transfer
Companies that list on or after the date of Commission approval of the
proposal \10\ are eligible to receive complimentary products and
services from 24 calendar months to 48 calendar months for both Tier A
and Tier B issuers.\11\ The complimentary products and services offered
to Eligible New Listings and Eligible Transfer Companies for 48
calendar months under the proposal will remain the same products and
services as those currently provided to such companies pursuant to
Section 907.00 of the Manual, as described above. At the conclusion of
the 48-month period, Eligible New Listings and Eligible Transfer
Companies would continue to be eligible to receive products and
services offered to Eligible Current Listings if they qualify under
Section 907.00 of the Manual.\12\
---------------------------------------------------------------------------

    \10\ The Exchange stated that the proposed amendment would be
applicable to Eligible New Listings and Eligible Transfer Companies
that list on or after the date of Commission approval of the
proposal. See Notice, supra note 2, at 76129. NYSE has stated that
it will file a rule proposal to clarify in Section 907.00 of the
Manual that listed companies that began receiving complimentary
products and services as Eligible New Listings and Eligible Transfer
Companies under the rule in effect prior to approval of this
proposal will receive such complimentary products and services only
for 24 months from the date of listing, as set forth under the prior
rule.
    \11\ Eligible New Listings and Eligible Transfer Companies will
continue to be entitled to complimentary whistleblower services for
24 months, as all listed companies currently receive under Section
907.00 of the Manual. See Notice, supra note 2, at 76129, n.7. See
also Section 907.00 of the Manual.
    \12\ See proposed Section 907.00 of the Manual. See also supra
note 9.
---------------------------------------------------------------------------

    The Exchange also proposes to remove two obsolete provisions of
Section 907.00 of the Manual that relate to entitlements that no longer
exist because the periods of time for which they were effective have
ended.\13\
---------------------------------------------------------------------------

    \13\ Specifically, the Exchange proposes to remove the following
text from Section 907.00: ``In addition, Eligible New Listings in
both Tier A and Tier B that list before April 1, 2018 are eligible
to receive complimentary corporate governance tools (with a
commercial value of approximately $50,000 annually) for a period of
24 calendar months. Companies that list on or after April 1, 2018
will not be eligible to receive any corporate governance tools.''
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III. Discussion and Commission's Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act.\14\ Specifically, the Commission believes it is consistent with
the provisions of Sections 6(b)(4) and (5) of the Act,\15\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among Exchange
members, issuers, and other persons using the Exchange's facilities,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. Moreover, the Commission believes that
the proposed rule change is consistent with Section 6(b)(8) of the Act
\16\ in that it does not impose any burden on competition not necessary
or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
    \16\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission believes that the Exchange is responding to
competitive pressures in the market for listings in making this
proposal.\17\ The Exchange represents that the market for new listings
and for the retention and transfer of listed companies is intensely
competitive and the Commission understands that the Exchange competes,
in part, by offering complimentary services to companies.\18\ The
Exchange states that the purpose of this proposal is to attract future
new listings and transfers and, according to

the Exchange, extending the time period that products and services are
available to Eligible New Listings and Eligible Transfer Companies will
help the Exchange to compete for new listings and transfers from other
exchanges.\19\ In addition, as noted by the Exchange, the Nasdaq Stock
Market, Inc. (``Nasdaq'') currently provides four years of
complimentary services to companies transferring from NYSE to the
Nasdaq Global Market that have a market capitalization of at least $750
million.\20\ Accordingly, the Commission believes that it is reasonable
and consistent with Sections 6(b)(4) \21\ and 6(b)(5) of the Act \22\
for the Exchange to extend the time period that it offers complimentary
products and services to Eligible New Listings and Eligible Transfer
Companies that list on or after the date of Commission approval of the
proposal from 24 calendar months to 48 calendar months. In addition,
the Commission believes that the proposal reflects the current
competitive environment for exchange listings among national securities
exchanges, and is appropriate and consistent with Section 6(b)(8) of
the Act.\23\
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    \17\ See Securities Exchange Act Release No. 65127 (Aug. 12,
2011), 76 FR 51449 (Aug. 18, 2011) (SR-NYSE-2011-20) (``2011
Approval Order''). As stated above, the products and services
offered to Eligible New Listings and Eligible Transfer Companies
discussed herein are provided by third-party vendors. In its
proposal, the Exchange stated that issuers are not forced or
required to use the complimentary products and services and some
issuers have selected competing products and services. See Notice,
supra note 2, at 76130.
    \18\ See Notice, supra note 2, at 76129-30.
    \19\ See Notice, supra note 2, at 76129-30.
    \20\ See Nasdaq Marketplace Rule IM-5900-7.
    \21\ 15 U.S.C. 78f(b)(4).
    \22\ 15 U.S.C. 78f(b)(5).
    \23\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission has previously found that the package of
complimentary services offered to Eligible New Listings and Eligible
Transfer Companies is equitably allocated among issuers consistent with
Section 6(b)(4) of the Act.\24\ The Commission notes that all listed
companies will continue to receive some level of free services and
that, within each tier, all issuers will continue to receive the exact
same package of services, for the same period of time. Given that under
the proposal Eligible New Listings and Eligible Transfer Companies
within each tier will continue to receive the same complimentary
products and services for the same period of time, the Commission
continues to believe that the package of complimentary services is
equitably allocated among issuers consistent with Section 6(b)(4) of
the Act \25\ and the rule does not unfairly discriminate between
issuers consistent with Section 6(b)(5) of the Act.\26\
---------------------------------------------------------------------------

    \24\ See 2011 Approval Order, supra note 17, 76 FR at 51452. See
also Exchange Act Release No. 76127 (Oct. 9, 2015), 80 FR 62584,
62587 (Oct. 15, 2015) (SR-NYSE-2015-36) (``2015 Approval Order'').
    \25\ 15 U.S.C. 78f(b)(4).
    \26\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that describing in the Exchange's rules the
products and services available to listed companies, their associated
values, and the length of time for which issuers are entitled to
receive such services adds greater transparency to the Exchange's rules
and to the fees applicable to listed companies and will ensure that
individual listed companies are not given specially negotiated packages
of products or services to list, or remain listed, which would raise
unfair discrimination issues under the Act.\27\ The Commission also
believes that it is reasonable, and in fact required by Section 19(b)
of the Act, that the Exchange amend its rules to update the products
and services it offers to Eligible Current Listings, Eligible Transfer
Companies, and Eligible New Listings, including the time periods for
which such products and services are offered and the commercial value
of such products and services. This provides greater transparency to
the Exchange's rules and the fees, and the value of free products and
services, applicable to listed companies. Based on the foregoing, the
Commission believes that the Exchange has provided a sufficient basis
for offering Eligible New Listings and Eligible Transfer Companies
complimentary products and services for a period of 48 calendar months,
and that this change does not unfairly discriminate among issuers and
is consistent with the Act.
---------------------------------------------------------------------------

    \27\ See 2015 Approval Order, supra note 24, 80 FR at 62587. The
Commission notes that the Exchange also stated that no other company
will be required to pay higher fees as a result of the proposal and
that providing the proposed services will have no impact on the
resources available for its regulatory programs. See Notice, supra
note 2, at 76130.
---------------------------------------------------------------------------

    Finally, the Commission believes it is consistent with the Act for
the Exchange to remove obsolete provisions of rule text in order to
provide greater transparency to the Exchange's rules and fees and to
avoid confusion.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\28\ that the proposed rule change (SR-NYSE-2020-94) be, and it
hereby is, approved.
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    \28\ 15 U.S.C. 78s(b)(2).
    \29\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-00817 Filed 1-14-21; 8:45 am]
BILLING CODE 8011-01-P