[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Pages 31348-31351]
[FR Doc No: 2021-12247]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92120; File No. SR-ICEEU-2021-013]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change Relating to the ICE Clear Europe
Articles of Association

June 7, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 25, 2021, ICE Clear Europe Limited (``ICE Clear Europe'' or the
``Clearing House'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes described in Items I, II and
III below, which Items have been prepared primarily by ICE Clear
Europe. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to modify its Articles of Association (the
``Articles''). The revisions would not involve any changes to the ICE
Clear Europe Clearing Rules or Procedures.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission or
Advance Notice

(a) Purpose
    The purpose of the amendments is to update the Articles to reflect
certain changes in the composition of the ICE Clear Europe Board and
the composition and structure of Board committees, to clarify certain
director independence standards, to clarify certain super-quorum
standards applicable to certain actions relating to CDS clearing, to
revise certain provisions regarding directors and to reflect the use of
gender-neutral language, as discussed in more detail herein.
    In article 3,\3\ definitions of certain specific committees would
be deleted, including the Audit Committee, Board Risk Committee,
Compensation Committee and Nomination Committee, and the definition of
Committee would be revised to generally reference any committee
constituted by the Board under the Articles. Although ICE Clear Europe
is not proposing to change its current committee structure at this
time, it does not believe the committees need to be defined in the
Articles. Since the Board is authorized to create, modify or dissolve
committees as it determines to be appropriate, the amendments would
facilitate future changes to the committee structure by the Board
without need to amend the Articles. The definition of Product Risk
Committee, however, would not be removed from the Articles because
there are references to this committee throughout the Articles in light
of certain specific requirements relating to the CDS Director.
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    \3\ References herein to the numbering of particular articles
will be to the articles as amended.
---------------------------------------------------------------------------

    In addition, the amendments would modify certain other definitions,
including CDS Director, Committees, Independent Director, Risk
Committee and Super-Quorum Matters. These definitions would be updated
as follows:
     CDS Director--a sentence would be added to the definition
to clarify that the CDS Director may also meet the criteria required of
an Independent Director, however, for the avoidance of doubt they will
continue to be classified only as a CDS Director.
     Independent Director--this definition would be updated
such that instead of describing this person as independent of the
Company and of the Clearing House (without further definition of
independence), the definition would require the director to

meet the independence criteria for a director, as defined under
relevant applicable legislation.\4\
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    \4\ Specifically, such legislation would include the definition
of ``independent member'' pursuant to Article 2(28) of the European
Market Infrastructure Regulation (EMIR), Regulation (EU) No 648/2012
of the European Parliament and of the Council of 4 July 2012 on OTC
derivatives, central counterparties and trade repositories as
incorporated into UK law under the European Union (Withdrawal) Act
2018 (UK EMIR).
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     Risk Committee--this definition would be renamed Product
Risk Committee, and references to this committee would be updated
throughout the Articles. This change reflects the correct current name
and function of this committee (and distinguishes the Product Risk
Committee from other existing risk committees). Further, the statement
that it is composed of directors would be deleted as it does not
reflect the composition of the committee under its terms of reference
(which includes clearing member representatives, among others).
     Super-Quorum Matters--this definition would be updated to
clarify, as a matter of drafting, that such matters include the
criteria for CDS Clearing Membership. A reference to the terms of
reference for the CDS Risk Committee would be updated to the terms of
reference for the Product Risk Committee with responsibility for CDS
(which is the current name for the relevant committee). The amendments
would also resolve a drafting ambiguity by removing the subject and
content of the Board Resolution as a Super-Quorum Matter as, by current
practice, not all Board resolutions are Super-Quorum Matters.
    A new article 11 would provide that a member shall be deemed
present at a general meeting if participating by telephone or other
electronic means and all participating members can hear each other.
    The amendments would make certain revisions to the composition of
the board and board committees. Amended article 26 would provide that
one third of directors appointed to the board should be classed as
Independent Directors (instead of at least two and not more than four),
and at least one CDS Director would be required to be appointed to
serve in such a capacity at any one time (instead of two). The proposed
change to the required number of CDS Directors follows the retirement
of one of the previous CDS Directors and the determination by the
Clearing House that it is not necessary to appoint a minimum of two CDS
Directors to serve in such capacity in order to adequately address the
interests of Clearing Members in Clearing House governance. In addition
to the remaining CDS Director, Clearing Members would continue to be
represented through the CDS Product Risk Committee which, other than
the Chair, is composed entirely of representatives of Clearing Members.
The change was approved by the CDS Product Risk Committee, and no
Clearing Members objected to the change in the required number of CDS
Directors.
    In article 27, consistent with the changes to the definitions of
Committees described above, the reference to the Nomination Committee
would be deleted and replaced with language referring to a committee
appointed by the board which would be responsible for appointing
directors by ordinary resolution. Article 28 would be amended to
reflect the change in article 26 to require only a single CDS Director.
    Article 30A would be amended to delete certain language pertaining
to a CDS Director's retirement date that is no longer necessary with a
single CDS Director. In article 32, the reference to the Nomination
Committee would be deleted and replaced with language referring to a
committee of the board appointed to consider retirement of directors
under the Articles. Likewise, article 33 would be amended to delete the
reference to the Nomination Committee and replaced such reference with
language referring to a committee appointed by the board to considering
the reappointment of an Independent Director.
    Article 44, which discusses the delegation of directors' power to
certain committees, would be amended to delete references to the
specific committees that were deleted from article 3 (i.e., the Risk
Committee(s), an Audit Committee, a Board Risk Committee, a Nominations
Committee and a Compensation Committee).
    Amended Article 49 would clarify that directors may be paid certain
expenses that are reasonable and the amendments would remove the
requirement that this be subject to board approval as such expenses
would be approved by the ICE Clear Europe President.
    Amendments to article 59(a) would clarify the operation of the
super-quorum requirement for Super-Quorum Matters, which relate to CDS
Contracts including to reflect the requirement to only have one CDS
Director. For such matters, if a CDS Director has been appointed, such
director must be present at the meeting, together with the normal
quorum of a majority of the directors serving on the board at the time.
The amendments would add a defined term for ``Super-Quorum'' and make
revisions throughout the Articles to use such term as appropriate. The
amendments also clarify that the CDS director must be present at the
present for a super-quorum meeting, but need not vote in favor of the
resolution. Amendments to article 59(b) would state explicitly that in
order for a quorum to be met for non-super-quorum matters, the required
directors must be present at the meeting. Article 59(c) would be
amended to clarify that for super-quorum matters that need to be
resolved in an emergency, the presence of a CDS Director is not
necessary. The amendments would also clarify that whether an emergency
exists for this purpose is to be determined by the President or their
delegate.
    Similarly, article 59A, would be revised to clarify that where
Super-Quorum matters have to be adjourned to a subsequent meeting
because no CDS Director is present, the subsequent meeting must have a
quorum present at the meeting but need not include a CDS Director.
    Throughout the Articles, various provisions would be amended to use
gender-neutral language. Certain non-substantive typographical and
similar corrections would also be made.
    Various articles would be renumbered due to the changes discussed
above.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the
Articles are consistent with the requirements of Section 17A of the Act
\5\ and the regulations thereunder applicable to it. In particular,
Section 17A(b)(3)(F) of the Act \6\ requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. The proposed
changes are designed to clarify and update certain aspects of ICE Clear
Europe's Articles, particularly around board committees, the number of
CDS Directors, and the application of certain super-quorum requirements
applicable to matters relating to CDS Contracts. The amendments are
intended to facilitate use of board committees where

appropriate, without need to update the Articles. The amendments reduce
the required number of CDS Directors to one, and clarify the operation
of the CDS super-quorum requirements in light of that change. In ICE
Clear Europe's view, these amendments would enhance and streamline the
clearing house's overall governance framework, and thus facilitate the
efficient operation of the clearing house and the prompt and accurate
clearance and settlement of transactions and the public interest,
within the meaning of the Act. For these reasons, the amendments would
also promote governance arrangements that are clear and transparent to
fulfill the public interests requirements in Section 17A of the Act \7\
applicable to clearing agencies, support the objectives of owners and
participants and promote the effectiveness of the clearing agency's
risk management procedures.
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    \5\ 15 U.S.C. 78q-1.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ 15 U.S.C. 78q-1.
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    Further, Section 17A(b)(3)(C) of the Act \8\ requires that the
rules of a clearing agency ``assure a fair representation of its
shareholders (or members) and participants in the selection of its
directors and administration of its affairs.'' Following the proposed
amendments, Clearing Members will continue to be represented on the
Board by the existing CDS Director and the Articles will continue to
require the appointment of at least one CDS Director to the Board. In
addition, the interests of Clearing Members will continue to be
represented through the F&O and CDS Product Risk Committees and the
Client Risk Committee. The majority of the members of all the three
committees are Clearing Member representatives.\9\ As such, ICE Clear
Europe believes its governance arrangements, as modified by the
amendments to the Articles, will continue to provide a fair
representation of its shareholders and participants in the selection of
its directors and administration of its affairs, within the meaning of
Section 17A(b)(3)(C).\10\
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    \8\ 15 U.S.C. 78q-1(b)(3)(C).
    \9\ Under UK EMIR Article 28, ICE Clear Europe is required to
ensure that the Client Risk Committee maintains Clearing Member and
client representation.
    \10\ 15 U.S.C. 78q-1(b)(3)(C).
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(2)(i) \11\ requires clearing agencies to establish
reasonably designed policies and procedures to provide for governance
arrangements that are clear and transparent. The proposed amendments to
the Articles more clearly set out the composition of the board and
board committees, the appointment of directors, delegation of
directors' powers and requirements relating to a quorum and super-
quorum. ICE Clear Europe believes that the amendments to the Articles
are therefore consistent with the requirements of Rule 17Ad-
22(e)(2).\12\
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    \11\ 17 CFR 240.17 Ad-22(e)(2)(i).
    \12\ 17 CFR 240.17 Ad-22(e)(2).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to further strengthen Clearing House governance
arrangements by more clearly setting out requirements relating to the
composition of the board and board committees, the appointment of
directors, delegation of directors' powers and meeting quorum and
super-quorum requirements. The amendments do not affect any terms or
conditions of cleared contracts, and are not intended to affect
directly Clearing Members or market participants, or the markets for
cleared products. As a result, ICE Clear Europe does not otherwise
believe the amendments would affect the costs of or access to clearing,
or the market for clearing services generally. Therefore, ICE Clear
Europe does not believe the proposed rule change imposes any burden on
competition that is inappropriate in furtherance of the purposes of the
Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any written comments received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission and Advance Notice and Timing for Commission Action

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, security-based swap submission or advance notice 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-ICEEU-2021-013 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-ICEEU-2021-013. 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, security-based
swap submission or advance notice that are filed with the Commission,
and all written communications relating to the proposed rule change,
security-based swap submission or advance notice between the Commission
and any person, other than those that may be withheld from the public
in accordance with the provisions of 5 U.S.C. 552, will be available
for website viewing and printing in the Commission's Public Reference
Room, 100 F Street NE, Washington, DC 20549, on official business days
between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings
will also be available for inspection and copying at the principal
office of ICE Clear Europe and on ICE Clear Europe's website at https://www.theice.com/clear-europe/regulation.
    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-ICEEU-2021-013
and should be submitted on or before July 2, 2021.

For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-12247 Filed 6-10-21; 8:45 am]
BILLING CODE 8011-01-P


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[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Proposed Rules]
[Page 66597-66598]
[DOCID:fr16de09-24]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1038; Airspace Docket No. 09-AAL-19]

Proposed Revision of Class E Airspace; Scammon Bay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to revise Class E airspace at Scammon
Bay, AK. New Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs) at Scammon Bay Airport have made this action
necessary to enhance safety and management of Instrument Flight Rules
(IFR) operations.

DATES: Comments must be received on or before February 1, 2010.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2009-1038/Airspace Docket
No. 09-AAL-19, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays. The
Docket Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-1038/
Airspace Docket No. 09-AAL-19.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRM's should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    This action proposes to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 by revising Class E airspace at Scammon Bay Airport,
AK, to accommodate new RNAV SIAPs at Scammon Bay Airport. This Class E
airspace would provide adequate controlled airspace upward from 700 and
1,200 feet above the surface, for the safety and management of IFR
operations at Scammon Bay Airport.
    The Class E airspace areas designated as 700/1200 foot transition
areas are published in paragraph 6005 in FAA Order 7400.9T, Airspace
Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies

and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Because this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule, when promulgated, will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to revise Class E airspace at Scammon Bay Airport, Scammon
Bay, AK, and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is to be amended as follows:
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Scammon Bay, AK [Revised]

Scammon Bay Airport, AK
    (Lat. 61[deg]50'40'' N., long. 165[deg]34'25'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Scammon Bay Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Scammon Bay Airport, AK.
* * * * *

    Issued in Anchorage, AK, on December 3, 2009.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-29846 Filed 12-15-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Rules and Regulations]
[Pages 15149-15151]
[FR Doc No: 2015-05033]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0752; Directorate Identifier 2014-NM-079-AD;
Amendment 39-18110; AD 2015-04-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2014-06-08 for
certain Bombardier, Inc. Model DHC-8-100, -200, and -300 series
airplanes. AD 2014-06-08 required repetitive functional checks of the
nose and main landing gear, and corrective actions if necessary; and
also provided optional terminating action modification for the
repetitive functional checks. This new AD requires a terminating action
modification. This AD was prompted by a report that the emergency
downlock indication system (EDIS) had given a false landing gear down-
and-locked indication and a determination that a terminating action
modification is necessary to address the identified unsafe condition.
We are issuing this AD to detect and correct a false down-and-locked
landing gear indication, which, on landing, could result in possible
collapse of the landing gear.

DATES: This AD becomes effective April 27, 2015.
    The Director of the Federal Register approved the incorporation by
reference of publications listed in this AD as of April 14, 2014 (79 FR
17390, March 28, 2014).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0752; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Bombardier,
Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto,
Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2014-06-08, Amendment 39-17812 (79 FR 17390,
March 28, 2014). AD 2014-06-08 applied to certain Bombardier, Inc.
Model DHC-8-100, -200, and -300 series airplanes. The NPRM published in
the Federal Register on October 17, 2014 (79 FR 62363).
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-11, dated February 13, 2014 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes. The MCAI
states:

    During an in-service event where the landing gear control panel
indicated an unsafe nose landing gear, the flight crew observed that
all three green lights were illuminated on the emergency downlock
indication system. The nose landing gear was not down and locked,
and collapsed during landing.

    Investigation found ambient light and wiring shorts can lead to
incorrect illumination of the green lights on the emergency downlock
indication system.
    This [Canadian] AD mandates the functional check of the nose and
main landing gear alternate indication phototransistors and the
modification of the emergency downlock indication system
[incorporation of Modsums 8Q101955, 8Q101968, and 8Q101969 as
applicable].

    The unsafe condition is a false down-and-locked landing gear
indication, which, on landing, could result in possible collapse of the
landing gear. The modification consists of installing certain new
electrical components and cable assemblies.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0752-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received. An anonymous commenter
supported the NPRM (79 FR 62363, October 17, 2014).

Change Made to This AD

    We have revised paragraphs (h)(1), (h)(2), and (h)(3) of this AD to
clarify the affected airplanes identified in those paragraphs. This
change does not affect the intent of those paragraphs.

Clarification of Repair Approval Required by Paragraph (g) of AD 2014-
06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014)

    In paragraph (g) of AD 2014-06-08, Amendment 39-17812 (79 FR 17390,
March 28, 2014), the functional check and corrective actions are done
in accordance with Bombardier Service Bulletin 8-32-173, Revision A,
dated December 17, 2012. That service information specifies to contact
the manufacturer for further instructions if certain discrepancies are
found. As noted in paragraph (j)(2) of AD 2014-06-08, ``For any
requirement in this AD to obtain corrective actions from a
manufacturer, use these actions if they are FAA-approved. . .'' and ``.
. . corrective actions are considered FAA-approved if they were
approved by the State of Design Authority (or its delegated agent, or
the DAH with a State of Design Authority's design organization
approval, as applicable).''
    To clarify the repair approval for the action specified in
paragraph (g) of this AD, we have added an exception to paragraph (g)
of this AD, including specific delegation approval language. The
exception clarifies that where the service information specifies to
contact the manufacturer for further instructions, this AD requires
repairing using a method approved by the Manager, New York Aircraft
Certification Office, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA
Design Approval Organization.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 62363, October 17, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 62363, October 17, 2014).
    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 85 airplanes of U.S. registry.
    The actions that are required by AD 2014-06-08, Amendment 39-17812
(79 FR 17390, March 28, 2014), and retained in this AD take about 3
work-hours per product, at an average labor rate of $85 per work-hour.
Based on these figures, the estimated cost of the actions that were
required by AD 2014-06-08 is $21,675, or $255 per product, per
inspection cycle.
    We also estimate that it will take up to 40 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost up to $19,436 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be up to $1,941,060, or $22,836 per product.
    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions 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 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0752; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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)
2014-06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014), and
adding the following new AD:

2015-04-08 Bombardier, Inc.: Amendment 39-18110. Docket No. FAA-
2014-0752; Directorate Identifier 2014-NM-079-AD.

(a) Effective Date

    This AD becomes effective April 27, 2015.

(b) Affected ADs

    This AD replaces AD 2014-06-08, Amendment 39-17812 (79 FR 17390,
March 28, 2014).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 airplanes, certificated in any
category, serial numbers 003 through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a report that the emergency downlock
indication system (EDIS) had given a false landing gear down-and-
locked indication and a determination that a terminating action
modification is necessary to address the identified unsafe
condition. We are issuing this AD to detect and correct a false
down-and-locked landing gear indication, which, on landing, could
result in possible collapse of the landing gear.

(f) Compliance

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

(g) Retained Functional Check With Repair Approval Clarification

    This paragraph restates the requirements of paragraph (g) of AD
2014-06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014), with
specific delegation approval language. Within 600 flight hours or
100 days, whichever occurs first, after April 14, 2014 (the
effective date of AD 2014-06-08): Perform a functional check of the
alternate indication phototransistors of the nose and main landing
gear; and do all applicable corrective actions; in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 8-32-
173, Revision A, dated December 17, 2012; except where Bombardier
Service Bulletin 8-32-173, Revision A, dated December 17, 2012,
specifies to contact the manufacturer for further instructions,
before further, flight, repair using a method approved by the
Manager, New York Aircraft Certification Office, ANE-170, FAA; or
Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA
Design Approval Organization (DAO). Do all applicable corrective
actions before further flight. Repeat the functional check
thereafter at intervals not to exceed 600 flight hours or 100 days,
whichever occurs first, until accomplishment of the applicable
actions specified in paragraph (h) of this AD.

(h) New Requirement of This AD: Terminating Action

    Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs first: Do the applicable actions
specified in paragraphs (h)(1) through (h)(3) of this AD.
Accomplishment of the applicable actions specified in paragraphs
(h)(1) through (h)(3) of this AD terminates the requirements of
paragraph (g) of this AD.
    (1) For airplanes on which Bombardier ModSum 8/1519 is
installed: Incorporate Modsum 8Q101968, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-33-56,
Revision A, dated February 22, 2013.
    (2) For airplanes on which Bombardier Modsums 8/0235, 8/0461,
and 8/0534 are installed: Incorporate Modsum 8Q101955, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
8-32-176, Revision A, dated February 22, 2013.
    (3) For airplanes on which Bombardier Modsum 8/0534 is not
installed: Incorporate Modsum 8Q101969, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-32-177,
dated October 9, 2013.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 8-32-
173, dated October 28, 2011, which is not incorporated by reference
in this AD.
    (2) This paragraph provides credit for actions required by
paragraph (h)(1) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 8-
33-56, dated February 11, 2013, which is not incorporated by
reference in this AD.
    (3) This paragraph provides credit for actions required by
paragraph (h)(2) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 8-
32-176, dated February 11, 2013, which is not incorporated by
reference in this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, New York Aircraft Certification Office,
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
Canadian Airworthiness Directive CF-2014-11, dated February 13,
2014, for related information. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0752-0002.

(l) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 14, 2014 (79 FR 17390, March 28, 2014).
    (i) Bombardier Service Bulletin 8-32-173, Revision A, dated
December 17, 2012.
    (ii) Bombardier Service Bulletin 8-32-176, Revision A, dated
February 22, 2013.
    (iii) Bombardier Service Bulletin 8-32-177, dated October 9,
2013.
    (iv) Bombardier Service Bulletin 8-33-56, Revision A, dated
February 22, 2013.
    (4) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) 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 February 19, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-05033 Filed 3-20-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Page 63234]
[FR Doc No: 2015-26433]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0001]

Office of Women's Health Update on Strategic Priorities and
Initiatives for Nurses

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of meeting.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
following meeting: Office of Women's Health Update on Strategic
Priorities and Initiatives. FDA staff will provide updates on strategic
priorities, educational outreach, and research initiatives of interest
to national organizations for nursing professionals and students.

DATES: The meeting will be held on November 18, 2015, 1 p.m. to 3 p.m.

ADDRESSES: The meeting will be held at the American Nurses Association,
8515 Georgia Ave., Suite 400, Silver Spring, MD 20910-3492.

FOR FURTHER INFORMATION CONTACT: Deborah Kallgren, Office of Women's
Health, Food and Drug Administration, 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: There is no fee, but pre-registration is
required. Send registration information (including name, title,
organization name, address, telephone, and fax number) to Deborah
Kallgren. Seating is limited to 35 participants (1 person per
organization).
    If you need special accommodations due to a disability, please
contact Deborah Kallgren (see FOR FURTHER INFORMATION CONTACT) at least
7 days in advance.

    Dated: October 13, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-26433 Filed 10-16-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40128-40129]
[FR Doc No: 2019-17255]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2019-0149; PDA-40(R)]

Hazardous Materials: The State of Washington Crude Oil By Rail--
Vapor Pressure Requirements

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice, and extension of comment period.

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SUMMARY: PHMSA is extending the period for comments on the State of
North Dakota and the State of Montana's application for an
administrative determination as to whether Federal hazardous material
transportation law preempts the State of Washington's rules relating to
the volatility of crude oil received in the state.

DATES: Comments received on or before September 23, 2019, and rebuttal
comments received on or before October 23, 2019, will be considered
before an administrative determination is issued by PHMSA's Chief
Counsel. Rebuttal comments may discuss only those issues raised by
comments received during the initial comment period and may not discuss
new issues.

ADDRESSES: All documents in this proceeding, including North Dakota and
Montana's application and all comments received, may be reviewed in the
Docket Operations Facility (M-30), U.S. Department of Transportation,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590. All documents in this proceeding are also
available on the U.S. Government Regulations.gov website: http://www.regulations.gov.
    Comments must refer to Docket No. PHMSA-2019-0149 and may be
submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Operations Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and
5:00 p.m.,

Monday through Friday, except Federal holidays.
    A copy of each comment must also be sent to (1) Wayne Stenehjem,
Attorney General, The State of North Dakota, Office of the Attorney
General, 600 East Boulevard Avenue, Department 125, Bismarck, ND 58505-
0040, and (2) Tim Fox, Attorney General, The State of Montana, Office
of the Attorney General, Justice Building, Third Floor, 215 North
Sanders, Helena, MT 59620-1401. A certification that a copy has been
sent to these persons must also be included with the comment. (The
following format is suggested: I certify that copies of this comment
have been sent to Mr. Stenehjem and Mr. Fox at the addresses specified
in the Federal Register.'')
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing a comment submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78), or you may visit http://www.regulations.gov.
    A subject matter index of hazardous materials preemption cases,
including a listing of all inconsistency rulings and preemption
determinations, is available through PHMSA's home page at http://phmsa.dot.gov. From the home page, click on ``Regulations and
Compliance,'' then on ``Standards & Rulemaking,'' then on ``Hazardous
Materials Standards and Rulemaking,'' then on ``Preemption
Determinations'' located on the left side of the page. A paper copy of
the index will be provided at no cost upon request to Mr. Lopez, at the
address and telephone number set forth in the FOR FURTHER INFORMATION
CONTACT section below.

FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief
Counsel, Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590; Telephone No.<PHONE_NUMBER>; Facsimile No.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The State of North Dakota and the State of
Montana have applied to PHMSA for a determination whether Federal
hazardous material transportation law, 49 U.S.C. 5101 et seq., preempts
the State of Washington's Engrossed Substitute Senate Bill 5579, Crude
Oil By Rail--Vapor Pressure. Specifically, North Dakota and Montana
allege the law, which purports to regulate the volatility of crude oil
transported in Washington state for loading and unloading, amounts to a
de facto ban on Bakken \1\ crude.
---------------------------------------------------------------------------

    \1\ According to the applicants, North Dakota and Montana are
home to the Bakken Shale Formation, a subsurface formation within
the Williston Basin. It is one of the top oil-producing regions in
the country and one of the largest oil producers in the world.
---------------------------------------------------------------------------

    PHMSA published a notice of the State of North Dakota and the State
of Montana's application in the Federal Register on July 24, 2019 (84
FR 35707).\2\ On July 29, 2019, the State of Washington asked us for an
extension of time in which to file comments. The State of Washington
believes the original 30-day comment period is an inadequate amount of
time for it and other interested parties to thoroughly and properly
comment on the application.
---------------------------------------------------------------------------

    \2\ https://www.govinfo.gov/content/pkg/FR-2019-07-24/pdf/2019-15675.pdf.
---------------------------------------------------------------------------

    After review of the State of Washington's request, we have granted
its request.

    Issued in Washington, DC, on August 7, 2019.
Paul J. Roberti,
Chief Counsel.
[FR Doc. 2019-17255 Filed 8-12-19; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17452-17454]
[FR Doc No: 2013-06480]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69147; File No. SR-CBOE-2013-029]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Comply With the Requirements of the National
Market System Plan To Address Extraordinary Market Volatility

March 15, 2013.
    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 March 4, 2013 Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') 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 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend CBOE Stock Exchange, Inc. (``CBSX'')
rules to comply with the National Market System Plan to Address
Extraordinary Market Volatility (as amended, the ``Plan''). The text of
the proposed rule change is available on the Exchange's Web site
(http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the
Exchange's Office of the Secretary, on the Commission's Web site
(http://www.sec.gov), 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend CBSX rules to conform with the
Plan. Specifically, the Exchange is proposing to add CBSX Rule 52.15,
``Special Conditions due to Extraordinary Market Volatility'' and make
other administrative changes. CBSX believes these amendments will allow
CBSX to appropriately conform to the market-wide requirements under the
Plan. CBSX believes similar rule changes will be adopted by other
markets in the national market system in a coordinated manner.
    In an attempt to address extraordinary market volatility in NMS
Stock, and, in particular, events like the severe volatility on May 6,
2010, the Exchange, in conjunction with the other national securities
exchanges and the Financial Industry Regulatory Authority, Inc.
(collectively, ``Participants'') drafted the Plan pursuant to Rule 608
of Regulation NMS and under the Securities Exchange Act of 1934 (the
``Act'').\3\ The Plan is primarily designed to, among other things,
address extraordinary market volatility in NMS stocks, protect
investors, and promote fair and orderly markets. The Plan provides for
market-wide limit up-limit down requirements that prevent trades in
individual NMS Stocks from occurring outside of specified price bands,
as defined in Section I(N) of the Plan. These requirements would be
coupled with trading pauses, as defined in Section I(Y) of the Plan, to
accommodate more fundamental price moves (as opposed to erroneous
trades or monetary gaps of liquidity).
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    \3\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011) (File No. 4-631).
---------------------------------------------------------------------------

    The Plan was filed on April 5, 2011 by the Participants for
publication and comment.\4\ The Participants requested the Commission
approve the Plan as a one-year pilot. On May 24, 2012, the Participants
filed an amendment to the Plan which clarified, among other things, the
calculation of the reference price, as defined in Section I(T) of the
Plan, potential for order type exemption, and the creation of an
Advisory Committee.\5\ On May 31, 2012, the Commission approved the
Plan, as amended, on a one-year pilot basis.\6\
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    \4\ Id.
    \5\ See Securities and Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631).
    \6\ See Securities and Exchange Act Release No. 67091 (May 31,
2012) 77 FR 33498 (June 6, 2012).
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    Under the Plan, Participants are required to adopt certain rules in
order to comply. Specifically, Section II(B) requires each Participant
to adopt a rule requiring compliance by its members with the provision
of the Plan. In addition, Section VI of the Plan sets forth the limit
up-limit down requirements of the Plan, and in particular, that all
trading centers in NMS Stocks, including both those operated by the
Participants and those operated by member of Participants, shall
establish, maintain, and enforce written policies and procedures that
are reasonably designed to prevent trades at prices that are below the
lower price band or above the upper price band for an NMS Stock,
consistent with the Plan. Price bands would be calculated by Securities
Information Processors (``SIPs'') responsible for consolidation of
information for an NMS Stock pursuant to Rule 603(b) of Regulation NMS
under the Act. As proposed, and approved, the Plan would be
implemented, as a one year pilot program, in two phases.\7\ Phase I
would become effective immediately and apply to Tier I NMS Stock per
Appendix A of the Plan, and Phase II would become effective six months
later, or earlier if announced by the SIPs 30 days prior, and would
apply to all NMS Stocks.
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    \7\ Id.
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    To comply with the above stated provisions of the Plan, the
Exchange is proposing to add CBSX Rule 52.15, ``Special Conditions due
to Extraordinary Market Volatility'' and make other administrative
conforming changes. As stated above, CBSX believes similar rule changes
will be adopted by other markets in the national market system in a
coordinated manner.
    First, the Exchange is proposing to add CBSX Rule 52.15, ``Special
Conditions due to Extraordinary Market Volatility.'' Under the Plan,
Section II(B) requires each Participant to adopt a rule requiring
compliance by its members with the provision of the Plan. Thus, the
Exchange is proposing to add a new CBSX Rule 52.15(c)(1) to add such
language. In addition, the proposed rule change would add CBSX Rule
52.15(a) to refer Trading Permit Holders (``TPHs'') to Exchange rules
addressing ``Market-wide Trading Halts Due to Extraordinary Market
Volatility'' \8\ as

these trading halts will also occur at the same time as the Plan to
accommodate more fundamental price moves. The Exchange is also
proposing to add CBSX Rule 52.15(b) which references Exchange Rule
6.3C, ``Individual Stock Trading Pause Due to Extraordinary Market
Volatility,'' which is the current individual stock trading halts
currently in effect. The Plan seeks to replace these halts, but by
including reference to the current halts in the proposed Rule, TPHs
will more fully understand which rules are applicable. For more
clarity, the Exchange is proposing to add language to newly proposed
Rule 52.15(c) to alert TPHs to the gradual phasing of the Plan as it
coincides with the Trading Pauses referenced in Rule 52.15. Next, the
Exchange is proposing to add language regarding Clearly Erroneous
Executions. A new paragraph (i) has been added to CBSX Rule 52.4 to
address the Plan.\9\ In implementing one rule to alert TPHs to the
Plan, the Exchange is proposing to create a roadmap of rules related to
the Plan to make it explicit and easy to use how the Plan will be
incorporated into the CBSX Rules. By adding the proposed language to
CBSX Rule 52.15, CBSX is attempting to eliminate confusion for TPHs.
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    \8\ See Rule 6.3B.
    \9\ See Securities Exchange Act Release No. 34-68800 (February
7, 2013), 78 FR 9076 (February 21, 2013) (SR-CBOE-2013-012).
---------------------------------------------------------------------------

    The Plan also requires policies and procedures including, but are
not limited to, specific order handling rules addressing exchange-
specific order types to be put in place by each exchange in order to
comply. CBSX is proposing to add Rule 52.15(c)(3) to fulfill these
requirements. The proposed rule change will address how certain orders
will function on CBSX in compliance with the Plan.
    CBSX believes the proposed rule change allows CBSX to comply with
the Plan because it prevents trades from occurring outside of the price
bands as the Plan specifically requires. Specifically, CBSX is
proposing to add language to clarify that market orders \10\ will
execute at prices ``at, or better than, the opposite side of the Price
Band.'' If the order, or any portion of that order, would result in an
execution outside of the Price Band, then the order will be cancelled.
The Exchange believes the proposed changes will comply with the Plan,
as required, as it will ensure market orders are not executed at a
price that is outside of the applicable Price Band.
---------------------------------------------------------------------------

    \10\ See Rule 51.8(a) which defines a market order as ``an order
to buy or sell a stated number of shares at the best price available
on the CBSX system.''
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    CBSX is also adding language to address orders that may be
explicitly priced outside the Price Bands.\11\ Because the specified
price on these orders might also be outside the price bands, CBSX will
re-price these orders to be within the price bands. More specifically,
an order that is explicitly priced outside of the Price band, will be
re-priced by the CBSX System to the corresponding Price Band. To remain
consistent, if a Price Band moves and an order resting in the CBSX Book
is priced outside of the Price Band, the resting order will also be re-
priced to the corresponding Price Band. Language is also being proposed
to clarify that re-priced orders will retain the original time price
priority. The Exchange believes this proposed change will also prevent
orders from executing outside of the Price Bands.
---------------------------------------------------------------------------

    \11\ CBSX currently supports various order types that, by their
nature, require a specified price (e.g. Limit Orders) or an optional
contingency price (e.g. Silent Orders). See, e.g., CBSX Rule 51.8(b)
and (10).
---------------------------------------------------------------------------

    Next, CBSX is adding language to address Immediate-or-Cancel
orders. Any Immediate-or-Cancel order will be accepted by the CBSX
System, however, such orders may only execute at or within the bands.
Consistent with Immediate-or-Cancel orders generally, any unexecuted
portion will be cancelled. With the proposed changes, CBSX will be in
compliance with the Plan by preventing trades from occurring outside
the price bands during a limit state. The Exchange is also proposing to
add language to state that any CBSX order priced passively outside of
the Price Bands will be accepted by the CBSX System and put in the CBSX
book. Such orders will not be executed until the Price Band moves and
the order is now at or within the Price Band.
    The Exchange is also proposing to add language to describe how the
Exchange will route orders. More specifically, the Exchange is
proposing to add 52.15(c)(3)(E) to explicitly say that the Exchange
shall not route to an away market displaying a quote that is outside of
the applicable Price band. The Exchange believes this change will
ensure the Exchange will not execute any orders outside of the Price
Bands and required by the Plan.
    Next, the Exchange is proposing to add language regarding special
handling of quotes after the Plan becomes operative. The Exchange is
proposing to add language specifically addressing new bids and offers
will be cancelled for those quotations are outside of the applicable
Price Bands. In addition, any resting quotation in the CBSX book that
becomes outside of the Price Bands due to a change in the market will
be re-priced to the corresponding Price Band as appropriate. The
Exchange believes that this proposed change will further ensure that
orders will not be executed outside of the Price Bands as required by
the Plan.
    Finally, as an administrative change, the Exchange is proposing to
add reference to Rule 6.3C, ``Individual Stock Trading Pause Due to
Extraordinary Market Volatility'' in CBSX Appendix A to make clear Rule
6.3C applies to CBSX members as well. The Exchange believes this change
creates more clarity to TPHs which rules are applicable to them.
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.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ 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 facilitation
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) \14\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change will
comply with the Plan which is intended to reduce the negative impacts
of sudden, unanticipated price movements in NMS Stocks, thereby
protecting investors and promoting a fair and orderly market. In
addition, similar rule changes will be adopted by other markets in the
national market system in a coordinated manner promoting the public
interest. Creating a more orderly market will promote just and
equitable principles of trade by allowing investors to feel more secure
in their participation in the national market system. The proposed rule
change also incorporates a market-wide plan, which has been approved by
the

Commission under the Act.\15\ Incorporation of such Plan into the CBSX
rules allows for explicit compliance under the Act.
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    \15\ See supra note 6.
---------------------------------------------------------------------------

    The Exchange also believes the proposed rule change is consistent
with Section 6(b)(1) of the Act,\16\ which provides that the Exchange
be organized and have the capacity to be able to carry out the purposes
of the Act and to enforce compliance by the Exchange's Trading Permit
Holders and persons associated with its Trading Permit Holders with the
Act, the rules and regulations thereunder, and the rules of the
Exchange. The Plan was filed under the Act, and the proposed rule
changes merely allow CBSX to comply with the Plan. Therefore, the
proposed rule change is allowing the Exchange to have the capacity to
carry out the purposes of the Act. In addition, it is requiring CBSX
TPHs to comply with the Plan and, thus, the Act.
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    \16\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes are based
on a market-wide plan, and, as such, the Exchange understands other
competing exchanges plan to make similar changes. In addition, the
proposed changes are being made to establish, maintain, and enforce
written policies and procedures that are reasonably specified in the
Plan. As such, the proposed changes merely provide protection to
investors during periods of extraordinary market volatility.

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 filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act \19\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 No. SR-CBOE-2013-029 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CBOE-2013-029. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2013-029 and should be
submitted on or before April 11, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-06480 Filed 3-20-13; 8:45 am]
BILLING CODE 8011-01-P