[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Notices]
[Pages 75889-75894]
[FR Doc No: 2015-30607]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76527; File No. SR-BX-2015-075]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Establish
Fees and Rebates Related to Order Exposure

November 30, 2015.
    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 November 20, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Options Pricing at Chapter XV
Section 2, entitled ``BX Options Market--Fees and Rebates,'' which
governs pricing for BX members using the BX Options Market (``BX
Options''). The Exchange proposes to adopt fees and rebates related to
order exposure.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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 its Chapter XV, Section 2 to add new
subsection (4) to adopt fees and rebates related to order exposure
alerts on the BX Options market.
    The Exchange has recently filed a proposal to implement an order
exposure alert in BX Chapter VI, Section 11,\3\ in order to provide
marketable orders an additional opportunity for execution on the
Exchange when the Exchange is not part of the national best bid or
offer (``NBBO'') contra to the order and the order locks or crosses the
away best bid or offer (``ABBO'').\4\ The order exposure alert will
apply to both SEEK \5\ and SRCH \6\ orders \7\ and is similar to the
order exposure alert process already in place on Phlx.\8\ The order
exposure alert process permits the Exchange to apply the Route Timer
\9\ prior to the initial and subsequent routing of the order, and
allows routing of the order after exposure occurs (during open trading)
every time an order becomes marketable against the ABBO.
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    \3\ See Securities Exchange Act Release No. 76199 (October 20,
2015), 80 FR 65271 (October 26, 2015) (SR-BX-2015-057) (notice of
filing and immediate effectiveness).
    \4\ Similar functionality currently exists on NASDAQ OMX PHLX.
See Securities Exchange Act Release No. 68517 (December 21, 2012),
77 FR 77134 (December 31, 2012) (SR-Phlx-2012-136); and Phlx Rule
1080(m), Away Markets and Order Routing, Section (iv).
    \5\ SEEK is a routing option pursuant to which an order will
first check the System for available contracts for execution, and
then is sent to other available market centers for potential
execution. A SEEK order remaining on the book after the opening
process or received during open trading that is marketable against
the ABBO when the ABBO is better than the displayed Exchange BBO
will initiate a Route Timer not to exceed one second, and expose the
SEEK order at the NBBO to allow market participants an opportunity
to interact with the remainder of the SEEK order. During the Route
Timer, the SEEK order will be included in the displayed Exchange BBO
at the better of a price one MPV away from the ABBO or the
established Exchange BBO. If, during the Route Timer, any new
interest arrives opposite the SEEK order that is equal to or better
than the ABBO price, the SEEK order will trade against such new
interest at the ABBO price. When checking the book, the System will
seek to execute at the price at which it would send the order to a
destination market center. Eligible unexecuted orders will continue
to be routed as described in paragraph (a)(1)(D). If contracts
remain un-executed after routing, they are posted on the book. While
on the book at the limit price, should the order subsequently be
locked or crossed by another market center, the System will not re-
expose or route the order to the locking or crossing market center.
SEEK orders will not be eligible for routing until the next time the
option series is subject to a new opening or reopening. An order
exposure alert may be sent if the order size is modified. See
Chapter VI, Section 11(a)(1)(A).
    \6\ SRCH is a routing option pursuant to which an order will
first check the System for available contracts for execution, and
then is sent to other available market centers for potential
execution. A SRCH order remaining on the book after the opening
process or received during open trading that is marketable against
the ABBO when the ABBO is better than the displayed Exchange BBO
will initiate a Route Timer not to exceed one second, and expose the
SRCH order at the NBBO to allow market participants an opportunity
to interact with the remainder of the SRCH order. During the Route
Timer, the SRCH order will be included in the displayed Exchange BBO
at the better of a price one MPV away from the ABBO or the
established Exchange BBO. If, during the Route Timer, any new
interest arrives opposite the SRCH order that is equal to or better
than the ABBO price, the SRCH order will trade against such new
interest at the ABBO price. When checking the book, the System will
seek to execute at the price at which it would send the order to a
destination market center. Eligible unexecuted orders will continue
to be routed as described in paragraph (a)(1)(D). If contracts
remain un-executed after routing, they are posted on the book. Once
on the book, should the order subsequently be locked or crossed by
another market center, it will be re-exposed, provided it is not on
the book at its limit price, and re-route. An order exposure alert
may be sent if the order size is modified. See Chapter VI, Section
11(a)(1)(B).
    \7\ The order exposure alert is also applicable to orders that
are marked do not route (``DNR''). See Chapter VI, Section
11(a)(1)(C).
    \8\ See Phlx Rule 1080(m), Away Markets and Order Routing,
Section (iv).
    \9\ See Chapter VI, Section 11(a)(1).
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    Chapter VI, Section 11(1)(A) [sic] provides that a SEEK order
remaining on the book after the opening process or received during open
trading that is marketable against the ABBO when the ABBO is better
than the displayed Exchange BBO will initiate a Route Timer not to
exceed one second, and expose the SEEK order at the NBBO to allow
market participants an opportunity to interact with the SEEK order.
During the Route Timer, the SEEK order will be included in the
displayed Exchange BBO at the better of a price one MPV away from the
ABBO or the established Exchange BBO. If, during the Route Timer, any
new interest arrives opposite the SEEK order that is equal to or better
than the ABBO price, the SEEK order will trade against such new
interest at the ABBO price. While on the book at the limit price,
should a SEEK order subsequently be locked or crossed by another market
center, the System will not re-expose the order. An order exposure
alert may be sent if the order size is modified.
    Chapter VI, Section 11(1)(B) [sic] provides that a SRCH order
remaining on the book after the opening process or received during open
trading that is marketable against the ABBO when the ABBO is better
than the displayed Exchange BBO will initiate a Route Timer not to
exceed one second, and expose the SRCH order at the NBBO to allow
market participants an opportunity to interact with the remainder of
the SRCH order. During the Route Timer, the SRCH order will be included
in the displayed Exchange BBO at the better of a price one MPV away
from the ABBO or the established Exchange BBO. If, during the Route
Timer, any new interest arrives opposite the SRCH order that is equal
to or better than the ABBO price, the SRCH order will trade against
such new interest at the ABBO price. Once on the book, should a SRCH
order subsequently be locked or crossed by another market center, it
will be re-exposed, provided it is not on the book at its limit price,
and re-route. An order exposure alert may be sent if the order size is
modified.\10\
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    \10\ For additional discussion regarding the BX order exposure
process, see Chapter VI, Section 11(a)(1). See also Chapter VII,
Section 12 which discusses when orders routed to BX Options may be
executed by Options Participants (BX Chapter 1, Section 1(a)(41)) as
principal orders.
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    The Exchange proposes two new sets of fees and rebates in respect
of the order exposure alert system, which would apply to Customers,\11\
BX

Options Market Makers,\12\ and non-Customers:
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    \11\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation (``OCC'') which is not for
the account of broker or dealer or for the account of a
``Professional'' (as that term is defined in Chapter I, Section
1(a)(48)). BX Chapter XV.
    \12\ BX Options Market Makers may also be referred to as
``Market Makers''. The term ``BX Options Market Maker'' or (``M'')
means a Participant that has registered as a Market Maker on BX
Options pursuant to Chapter VII, Section 2, and must also remain in
good standing pursuant to Chapter VII, Section 4. In order to
receive Market Maker pricing in all securities, the Participant must
be registered as a BX Options Market Maker in at least one security.
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    Change 1. For Penny Pilot Options,\13\ the Exchange proposes to
establish rebates and fees for orders that trigger or respond to order
exposure alerts.
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    \13\ The Penny Pilot was established in June 2012 and extended
in 2015. See Securities Exchange Act Release Nos. 67256 (June 26,
2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030) (order approving
BX option rules and establishing Penny Pilot); and 75326 (June 29,
2015), 80 FR 38481 (July 6, 2015) (SR-BX-2015-037) (notice of filing
and immediate effectiveness extending the Penny Pilot through June
30, 2016).
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    Change 2. For non-Penny Pilot Options, the Exchange is proposing to
establish rebates and fees for orders that trigger or respond to order
exposure alerts.
    Each specific change is described in detail below.
Change 1--Penny Pilot Options: Order Exposure Alert Rebates and Fees
    For Penny Pilot Options, the Exchange is proposing to establish
rebates for orders triggering an order exposure alert \14\ and fees for
orders responding to order exposure alerts. Currently, the Exchange has
no such rebates and fees.
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    \14\ See Chapter VI, Section 11(a)(1).
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    For Penny Pilot Options, the rebates will range from $0.00 to $0.34
(per executed contract). Specifically, proposed Chapter XV, Section 2
subsection (4) will state that the Customer rebate for orders
triggering order exposure alert will be $0.34. There will be no rebates
for BX Options Market Makers and non-Customers. For Penny Pilot
Options, the fees will range from $0.39 to $0.45. Specifically,
proposed subsection (4) will state regarding Penny Pilot Options that
the Customer fee for orders responding to order exposure alert will be
$0.39; and the BX Options Market Maker fee will similarly be $0.39. The
non-Customer fee for orders responding to order exposure alert will be
$0.45.
Change 2--Non-Penny Pilot Options: Order Exposure Alert Rebates and
Fees
    For non-Penny Pilot Options, the Exchange is proposing to establish
rebates for orders triggering an order exposure alert \15\ and fees for
orders responding to order exposure alerts. Currently, the Exchange has
no such rebates or fees.
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    \15\ See Chapter VI, Section 11(a)(1).
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    For non-Penny Pilot Options, the rebates will range from $0.00 to
$0.70 (per executed contract). Specifically, proposed Chapter XV,
Section 2 subsection (4) will state that the Customer rebate for orders
triggering order exposure alert will be $0.70. There will be no rebates
for BX Options Market Makers and non-Customers. For non-Penny Pilot
Options, the fees will range from $0.85 to $0.89. Specifically,
proposed subsection (4) will state that for non-Penny Pilot Options the
Customer fee for orders responding to order exposure alert will be
$0.85; and the BX Options Market Maker fee will similarly be $0.85. The
non-Customer fee for orders responding to order exposure alert will be
$0.89.
    As proposed, Chapter XV, Section 2 subsection (4) will read as
follows.
    (4) Fees for execution of contracts on the BX Options Market that
generate an order exposure alert per BX Chapter VI, Section 11(a):

                                                Fees and Rebates
                                             [Per executed contract]
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                                                                                BX Options      Non-customer
                                                                   Customer       Market Maker         \1\
----------------------------------------------------------------------------------------------------------------
Penny Pilot Options:
    Rebate for Order triggering order exposure alert.........            $0.34            $0.00            $0.00
    Fee for Order responding to order exposure alert.........             0.39             0.39             0.45
Non-Penny Pilot Options:
    Rebate for Order triggering order exposure alert.........             0.70             0.00             0.00
    Fee for Order responding to order exposure alert.........             0.85             0.85             0.89
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    The Exchange is adopting these fees and rebates at this time
because it believes that they will provide incentives to use the
Exchange's order exposure functionality. The Exchange believes that its
proposal should provide increased opportunities for participation in
executions on the Exchange, facilitating the ability of the Exchange to
bring together participants and encourage more robust competition for
orders.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\16\ in general, and with
Section 6(b)(4) and 6(b)(5) of the Act,\17\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, for example, the Commission indicated that market forces should
generally determine the price of non-core market data because national
market system regulation ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \18\ Likewise, in NetCoalition v.
NYSE Arca, Inc., 615 F.3d 525 (D.C. Cir. 2010), the D.C. Circuit upheld
the Commission's use of a market-based approach in evaluating the
fairness of market data fees against a challenge claiming that Congress
mandated a cost-based approach.\19\ As the court emphasized, the
Commission ``intended in Regulation NMS that `market forces, rather
than regulatory requirements' play a role in determining the market
data . . . to be made

available to investors and at what cost.'' \20\
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    \18\ Exchange Act Release No. 34-51808 (June 9, 2005)
(``Regulation NMS Adopting Release'').
    \19\ See NetCoalition, 615 F.3d at 534.
    \20\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . . .'' \21\ Although the Court and
the SEC were discussing the cash equities markets, the Exchange
believes that, as discussed above, these views apply with equal force
to the options markets.
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    \21\ NetCoalition I, 615 F.3d at 539 (quoting ArcaBook Order, 73
FR at 74782-74783).
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    The Exchange's proposal establishes fees and rebates regarding
order exposure alert. Order exposure has the potential to result in
more efficient executions for customers as responses to exposed orders
could result in faster executions. Order exposure assures that such
exposed orders will only receive executions at a price at least as good
as the price disseminated by the best away market at the time the order
was received. The Exchange believes that its proposal should provide
increased opportunities for participation in executions on the
Exchange, facilitating the ability of the Exchange to bring together
participants and encourage more robust competition for orders.
Change 1--Penny Pilot Options: Order Exposure Alert Rebates and Fees
    For Penny Pilot Options, establishing a Customer rebate for orders
triggering order exposure alert at $0.34 per executed contract, with no
rebates for BX Options Market Makers and non-Customers, is reasonable
because it encourages the desired Customer behavior by attracting
Customer interest to the Exchange. Establishing a Customer, BX Options
Market Maker, and non-Customer fee for orders responding to order
exposure alert at $0.39, $0.39, and $0.45 per executed contract,
respectively, is reasonable because the associated revenue will allow
the Exchange to maintain and enhance its services.
    For Penny Pilot Options, establishing the rebate for Customers and
fee for Customers, BX Market Makers, and non-Customers is equitable and
not unfairly discriminatory. This is because the Exchange's proposal to
pay rebates for orders that trigger order exposure alert or assess fees
for orders that respond to order exposure alert will apply the same
rebate and fee to all similarly situated participants.
    For Penny Pilot Options, Customers are the only ones that would get
a rebate per executed contract for triggering order exposure alert
($0.34), and Customers would pay the lowest fee for responding to order
exposure alert ($0.39), for the lowest effective order exposure
assessment. The Exchange believes that this is reasonable. Customer
activity enhances liquidity on the Exchange for the benefit of all
market participants and benefits all market participants by providing
more trading opportunities, which attracts market makers. An increase
in the activity of these market participants in turn facilitates
tighter spreads, which may cause an additional corresponding increase
in order flow from other market participants. BX Options Market Makers
would get the second lowest effective fee for responding to order
exposure alert ($0.39)--and no rebate. The Exchange believes that the
differentiation is reasonable and notes that unlike others (e.g. non-
Customers) each BX Options Market Maker commits to various obligations.
For example, transactions of a BX Market Maker must constitute a course
of dealings reasonably calculated to contribute to the maintenance of a
fair and orderly market, and Market Makers should not make bids or
offers or enter into transactions that are inconsistent with such
course of dealings. Further, all Market Makers are designated as
specialists on BX for all purposes under the Act or rules
thereunder.\22\
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    \22\ See Chapter VII, Section 5, entitled ``Obligations of
Market Makers''.
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Change 2--Non-Penny Pilot Options: Order Exposure Alert Rebates and
Fees
    For non-Penny Pilot Options, establishing a Customer rebate for
orders triggering order exposure alert at $0.70 per executed contract,
with no rebates for BX Options Market Makers and non-Customers, is
reasonable because it encourages the desired Customer behavior by
attracting Customer interest to the Exchange. Establishing a Customer,
BX Options Market Maker, and non-Customer fee for orders responding to
order exposure alert at $0.85, $0.85, and $0.89 per executed contract,
respectively, is reasonable because the associated revenue will allow
the Exchange to maintain and enhance its services.
    For non-Penny Pilot Options, establishing the rebate for Customers
and fee for Customers, BX Market Makers, and non-Customers is equitable
and not unfairly discriminatory. This is because the Exchange's
proposal to pay rebates for orders that trigger order exposure alert or
assess fees for orders that respond to order exposure alert will apply
the same rebate and fee to all similarly situated participants.
    For non-Penny Pilot Options, similarly to Penny Pilot Options,
Customers are the only ones that would get a rebate per executed
contract for triggering order exposure alert ($0.70), and Customers
would pay the lowest fee for responding to order exposure alert
($0.85), for the lowest effective order exposure assessment. The
Exchange believes that this is reasonable. Customer activity enhances
liquidity on the Exchange for the benefit of all market participants
and benefits all market participants by providing more trading
opportunities, which attracts market makers. An increase in the
activity of these market participants in turn facilitates tighter
spreads, which may cause an additional corresponding increase in order
flow from other market participants. BX Options Market Makers would get
the second lowest effective fee for responding to order exposure alert
($0.85)--and no rebate. The Exchange believes that the differentiation
is reasonable and notes that unlike others (e.g. non-Customers) each BX
Options Market Maker commits to various obligations. As discussed, for
example, transactions of a BX Market Maker must constitute a course of
dealings reasonably calculated to contribute to the maintenance of a
fair and orderly market, and Market Makers should not make bids or
offers or enter into transactions that are inconsistent with such
course of dealings.\23\
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    \23\ See Chapter VII, Section 5, entitled ``Obligations of
Market Makers''. Further, all Market Makers are designated as
specialists on BX for all purposes under the Act or rules
thereunder. See Chapter VII, Section 2.
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    The Exchange is adopting the proposed fees and rebates at this time
because it believes that the associated revenue will allow it to
continue and enhance order exposure services.

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 not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange does
not believe that its proposal to establish rebates for orders
triggering an order exposure alert and fees for orders responding to
order

exposure alerts will impose any burden on competition, as discussed
below.
    The Exchange operates in a highly competitive market in which many
sophisticated and knowledgeable market participants can readily and do
send order flow to competing exchanges if they deem fee levels or
rebate incentives at a particular exchange to be excessive or
inadequate. Additionally, new competitors have entered the market and
still others are reportedly entering the market shortly. These market
forces ensure that the Exchange's fees and rebates remain competitive
with the fee structures at other trading platforms. In that sense, the
Exchange's proposal is actually pro-competitive because the Exchange is
simply establishing rebates and fees in order to remain competitive in
the current environment.
    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. In
terms of intra-market competition, the Exchange notes that price
differentiation among different market participants operating on the
Exchange (e.g., Customer, BX Options Market Maker, non-Customer) is
reasonable. Customer activity, for example, enhances liquidity on the
Exchange for the benefit of all market participants and benefits all
market participants by providing more trading opportunities, which
attracts market makers. An increase in the activity of these market
participants (particularly in response to pricing) in turn facilitates
tighter spreads, which may cause an additional corresponding increase
in order flow from other market participants. Moreover, unlike others
(e.g. non-Customers) each BX Options Market Maker commits to various
obligations. These obligations include, for example, transactions of a
BX Market Maker must constitute a course of dealings reasonably
calculated to contribute to the maintenance of a fair and orderly
market, and Market Makers should not make bids or offers or enter into
transactions that are inconsistent with such course of dealings.\24\
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    \24\ See Chapter VII, Section 5, entitled ``Obligations of
Market Makers''. Further, all Market Makers are designated as
specialists on BX for all purposes under the Act or rules
thereunder. See Chapter VII, Section 2.
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    In this instance, the proposed changes to the charges assessed and
credits available to member firms in respect of order exposure alerts
do not impose a burden on competition because the Exchange's execution
and routing services are completely voluntary and subject to extensive
competition both from other exchanges and from off-exchange venues. If
the changes proposed herein are unattractive to market participants, it
is likely that the Exchange will lose market share as a result.
Accordingly, the Exchange does not believe that the proposed changes
will impair the ability of members or competing order execution venues
to maintain their competitive standing in the financial markets.
Additionally, the changes proposed herein are pro-competitive to the
extent that they continue to allow the Exchange to promote and maintain
an order exposure alert that has the potential to result in more
efficient executions as responses to exposed orders could result in
faster executions.

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act,\25\ the Exchange
has designated this proposal as establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization on any person,
whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing.
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    \25\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 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-BX-2015-075 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2015-075. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-

2015-075 and should be submitted on or before December 28, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30607 Filed 12-3-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Page 22944]
[FR Doc No: 2011-9955]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2011-0084]

Pipeline Safety: Notice of Public Webinars on Implementation of
Distribution Integrity Management Programs

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

ACTION: Notice of Public Webinars.

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SUMMARY: Members of the state and Federal Distribution Integrity
Management Program Implementation Team (Team) recently completed a
series of pilot inspections of gas distribution operators' distribution
integrity management programs (DIMP). The purpose of the two separate
and distinct webinars is to discuss the Team's findings and general
observations from the pilot inspections; the expectations for operators
in implementing their plan; the DIMP inspection forms; and a question
and answer session.

DATES: The webinars will be held on May 10, 2011, between 10:30 a.m.
and 12:30 p.m. EDT and June 8, 2011, at 10:30 a.m. and 12:30 p.m. EDT.
Refer to the DIMP Web site for additional information: http://primis.phmsa.dot.gov/dimp/index.htm. Copies of the presentations will
be available on the DIMP website within 30 days following the webinar.

FOR FURTHER INFORMATION CONTACT: Chris Mclaren by e-mail at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Purpose: The DIMP Team is a collaboration of
state and Federal regulators to support improvements in the integrity
of the Nation's gas distribution pipeline systems through development
of inspection methods and guidance for the evaluation of an operator's
DIMP. The Team recognizes the individual characteristics of each
state's oversight program and operating conditions as well as the
evolutionary process that distribution system operators will go through
in building an integrity management culture from a prescriptive,
compliance-based culture. Due to the high level, risk-based,
performance oriented nature of the regulations contained in 49 CFR
192.1001-1015, the Team recognizes that operators are seeking guidance
in implementing their programs. Two webinars are being sponsored to
provide operators with information and to direct operators to resource
material.
    The material presented at this webinar was created by the Team
through a consensus process. States will implement the DIMP rule under
their individual state statutory authority in accordance with the
applicable certification under 49 U.S.C. 60105 or agreement under
section 60106. States may establish their own procedures, inspection
forms, and guidance in implementing the DIMP rule. Since regulatory
structures differ among states, operators should contact the state
authority regulating their distribution pipeline system for more
information.

Preliminary Webinar Agenda

May 10, 2011--DIMP Implementation Webinar Agenda

     Welcome, Introductions, and Overview
     DIMP Pilot Inspection Findings
     DIMP Web Site Navigation & Contents
     Presentation of the Inspection Form
     Question & Answer Session
     Session Concludes

June 8, 2011--DIMP Implementation Webinar Agenda

     Welcome, Introductions, and Overview
     Industry Perspective
     Performance Data From CY 2010 DIMP Annual Reports
     DIMP Implementation Topics
     Question & Answer Session
     Session Concludes
    Registration: Members of the public may attend this free webinar.
To help assure that adequate space is provided, all attendees are
required to register for the webinar at http://opsweb.phmsa.dot.gov/webinars. Upon registration, the webinar information will be
distributed. Due to the limited capacity, we encourage and request that
parties at the same location share a webinar link. The Webinars will
use the internet link for the visual and audio capabilities and not a
standard phone line.
    Comments: Members of the public may also submit written comments,
either before, during, or after the webinar. Comments should reference
Docket ID PHMSA-2011-0084. Comments can be submitted during the webinar
through the provided internet link. Instructions describing how to
submit questions will be given at the beginning of the webinar.
    Comments may be submitted before or after the webinar in the
following ways:
     DIMP Web site: http://primis.phmsa.dot.gov/dimp/comment.htm. This site allows the public to enter comments about DIMP
before or after the webinar. Follow the instructions for submitting
comments.
     E-Gov Web Site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington,
DC 20590.
     Hand Delivery: Docket Management System, Room W12-140, on
the ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
    Instructions: Identify the Docket ID at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov. Note: Comments will be posted
without changes or edits to http://www.regulations.gov including any
personal information provided. Please see the Privacy Act heading in
the Regulatory Analyses and Notices section of the SUPPLEMENTARY
INFORMATION for additional information.
    Privacy Act Statement: Anyone may search the electronic form of all
comments received for any of our dockets. You may review DOT's complete
Privacy Act Statement in the Federal Register published April 11, 2000
(65 FR 19477).
    Information on Services for Individuals with Disabilities: For
information on facilities or services for individuals with
disabilities, or to request special assistance during the webinar,
please contact Chris Mclaren at<PHONE_NUMBER> by May 3, 2011.

    Issued in Washington, DC on April 20, 2011.
Alan K. Mayberry,
Deputy Associate Administrator for Field Operations.
[FR Doc. 2011-9955 Filed 4-22-11; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: October 28, 2010 (Volume 75, Number 208)]
[Notices]
[Page 66420]
[DOCID:fr28oc10-82]

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

ITS Joint Program Office; IntelliDrive\SM\ Mobility and
Environment Workshop; Notice of Workshop

AGENCY: Research and Innovative Technology Administration, U.S.
Department of Transportation.

ACTION: Notice.

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

    The U.S. Department of Transportation ITS Joint Program Office (ITS
JPO) will host a free two-day public workshop to discuss the
IntelliDrive\SM\ Real-Time Data Capture and Management and Dynamic
Mobility Applications (DMA) research programs on November 30 and
December 1, 2010 at the George Mason University Arlington Campus. The
goal of this listening session is to inform and communicate with
stakeholders interested in the data capture and dynamic mobility
components of the IntelliDrive program. IntelliDrive is a multimodal
research initiative that is based on wireless Vehicle to Vehicle,
(V2V), Vehicle to Infrastructure (V2I) communications which will
improve traffic safety and mobility while helping the environment.
    The public meeting will feature background on the IntelliDrive
Real-Time Data Capture and Management and DMA programs; information
about the IntelliDrive program's concepts, organization, schedule,
projects, procurements, and products; and how the IntelliDrive program
plans to engage stakeholders in the future. Additional discussions will
include cross-cutting policy issues; details of the IntelliDrive
program's open data environment and its open source mobility
applications; results of a recent request for information where
stakeholders submitted the top dynamic mobility application concepts;
information about upcoming procurements and other opportunities to
participate in the development of IntelliDrive; and an opportunity to
discuss how improved mobility and efficient travel can support the
environment and mitigate pollution.
    Please contact Nicole Oliphant at<EMAIL_ADDRESS>by November
26, 2010 to complete your free registration. Additional information,
including meeting times and agenda details may be found at the ITS JPO
Web site: http://www.its.dot.gov/press/announcement/mobility_
workshop.htm.

    Issued in Washington, DC, on the 21st day of October 2010.
John Augustine,
Managing Director, ITS Joint Program Office.
[FR Doc. 2010-27256 Filed 10-27-10; 8:45 am]
BILLING CODE 4910-HY-P


[Federal Register: March 9, 2010 (Volume 75, Number 45)]
[Proposed Rules]
[Page 10701-10704]
[DOCID:fr09mr10-20]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD]
RIN 2120-AA64

Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model
BAe 146 Airplanes and Model Avro 146-RJ Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to all Model BAe 146 airplanes and Model
Avro 146-RJ airplanes. The original NPRM would have superseded an
existing AD that currently requires revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness to incorporate life limits for certain items and
inspections to detect fatigue cracking in certain structures. The
original NPRM proposed to require incorporating new and more
restrictive life limits for certain items and for certain inspections
to detect fatigue cracking in certain structures. The original NPRM
resulted from issuance of a later revision to the airworthiness
limitations. This new action revises the original NPRM by proposing to
require revisions to the airworthiness limitations to include Critical
Design Configuration Control Limitations for the fuel system. We are
proposing this supplemental NPRM to ensure that fatigue cracking of
certain structural elements is detected and corrected, and to prevent
ignition sources in the fuel tanks; fatigue cracking of certain
structural elements could adversely affect the structural integrity of
these airplanes.

DATES: We must receive comments on this supplemental NPRM by April 5,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact BAE Regional
Aircraft, 13850 McLearen Road, Herndon, Virginia 20171; telephone 703-
736-1080; e-mail<EMAIL_ADDRESS>Internet http://
www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0909;
Directorate Identifier 2007-NM-363-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) (the
``original NPRM'') to amend 14 CFR part 39 to include an AD that
supersedes AD 2005-23-12, amendment 39-14370 (70 FR 70483, November 22,
2005). The existing AD applies to all BAE SYSTEMS (Operations) Limited
Model BAe 146 airplanes and Model Avro 146-RJ airplanes. The original
NPRM was published in the Federal Register on August 26, 2008 (73 FR
50248). The original NPRM proposed to supersede the existing AD to
continue to require revising the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness to incorporate
life limits for certain items and inspections to detect fatigue
cracking in certain structures. The original NPRM also proposed to
require revising the ALS of the Instructions for Continued
Airworthiness to incorporate new and more restrictive life limits for
certain items and new and more restrictive inspections to detect
fatigue cracking in certain structures.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, has issued EASA Airworthiness Directive (AD)
2009-0215, dated October 7, 2009. That EASA AD supersedes EASA AD 2009-
0020, dated February 5, 2009, which superseded EASA AD 2008-0132, dated
July 16, 2008; EASA AD 2008-0132 superseded EASA AD 2007-0271, dated
October 16, 2007. That EASA AD was referenced in the original NPRM.
    EASA AD 2008-0132, dated July 16, 2008, states that a new sub-
chapter, 05-15-00, has been issued for the BAE SYSTEMS (Operations)
Limited BAe 146 Series/Avro146-RJ Series Aircraft Maintenance Manual
(AMM). Sub-chapter 05-15-00 is titled ``Critical Design Configuration
Control Limitations (CDCCL)--Fuel System Description and Operation.''
    In addition, EASA AD 2009-0020, dated February 5, 2009, states that
Sub-chapter 05-20-00, titled ``Scheduled Maintenance,'' now includes
references to the following BAE SYSTEMS (Operations) Limited BAe146
Series/Avro146-RJ Series support documents: Maintenance Review Board
Report (MRBR), Corrosion Prevention and Control Program (CPCP), and
Supplemental Structural Inspection

Document (SSID). We have included Notes 2, 3, 4, and 5 of this
supplemental NPRM to refer to the sub-chapters and related support
documents.
    In addition, we have revised paragraph (h) of this supplemental
NPRM (paragraph (g) of the original NPRM) to remove reference to
Section 05-10 and 05-20 of Chapter 5 of the BAE SYSTEMS (Operations)
Limited BAe146 Series/Avro146-RJ Series AMM. However, we have provided
references to certain sub-chapters of Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM as a source of
information for complying with the proposed requirements of paragraph
(h) of this supplemental NPRM.
    Also, we have revised paragraph (h) of this supplemental NPRM
(paragraph (g) of the original NPRM) to refer to ``Chapter 5 of the BAE
SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series Aircraft
Maintenance Manual,'' instead of ``the ALS of the Instructions for
Continued Airworthiness'' as it was referred to in the original NPRM.
    We have also added new paragraph (d) to this supplemental NPRM to
specify the Air Transport Association (ATA) of America code identifying
the subject, and re-identified the subsequent paragraphs accordingly.

Relevant Service Information

    BAE SYSTEMS (Operations) Limited has issued Revision 97, dated July
15, 2009, to Sections 05-10, 05-15, and 05-20 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, which
includes the CDCCLs. The CDCCLs provide instructions to retain critical
ignition source prevention features during configuration changes that
may be caused by modification, repair, or maintenance actions.
    Messier-Dowty has issued Service Bulletin 146-32-171, dated August
11, 2009, which is an optional action to extend the life limits of the
main landing gear. We have added paragraph (j) to this supplemental
NPRM to specify doing the service bulletin for extending the life
limits of the main landing gear main fitting from 32,000 landings to
50,000 landings on the main fitting, and re-identified the subsequent
paragraphs accordingly.
    The EASA mandated the service information and issued Airworthiness
Directive 2009-0215, dated October 7, 2009, to ensure the continued
airworthiness of these airplanes in the European Union.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Some of the changes discussed above expand the scope of the
original NPRM; therefore, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for public
comment on this supplemental NPRM.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                  Average                                         Cost per        U.S.-
                     Action                       Work hours    labor rate                 Parts                  airplane     registered    Fleet cost
                                                                 per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
ALS Revision (required by AD 2005-23-12).......             1           $85  None.............................           $85             1           $85
ALS Revision (new proposed action).............             1            85  None.............................            85             1            85
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
    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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM and placed it in the AD docket. See
the ADDRESSES section for a location to examine the regulatory
evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14370 (70 FR 70483, November 22, 2005) and adding
the following new airworthiness directive (AD):

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2008-0909;
Directorate Identifier 2007-NM-363-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 5,
2010.

Affected ADs

    (b) This AD supersedes AD 2005-23-12, amendment 39-14370.

Applicability

    (c) This AD applies to all BAE SYSTEMS (Operations) Limited
Model BAe 146-100A, -200A, and -300A series airplanes; and Model
Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in
any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Unsafe Condition

    (e) This AD results from issuance of a later revision to the
airworthiness limitations of the BAE SYSTEMS (Operations) Limited
BAe146 Series/Avro146-RJ Series Aircraft Maintenance Manual (AMM),
which specifies new inspections and compliance times for inspection
and replacement actions. We are issuing this AD to ensure that
fatigue cracking of certain structural elements is detected and
corrected, and to prevent ignition sources in the fuel tanks;
fatigue cracking of certain structural elements could adversely
affect the structural integrity of these airplanes.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Certain Requirements of AD 2005-23-12

Airworthiness Limitations Revision

    (g) Within 30 days after December 27, 2005 (the effective date
of AD 2005-23-12), revise the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness to incorporate
new and more restrictive life limits for certain items and new and
more restrictive inspections to detect fatigue cracking in certain
structures, in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the Civil Aviation Authority (or its delegated agent).

New Requirements of This AD

New Airworthiness Limitations Revisions

    (h) Within 90 days after the effective date of this AD, revise
Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/
Avro146-RJ Series AMM to incorporate new and more restrictive life
limits for certain items and new and more restrictive inspections to
detect fatigue cracking in certain structures, and to add fuel
system Critical Design Configuration Control Limitations (CDCCL) to
prevent ignition sources in the fuel tanks, in accordance with a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent). Incorporating the new and
more restrictive life limits and inspections into the ALS terminates
the requirements of paragraph (g) of this AD, and after
incorporation has been done, the limitations required by paragraph
(g) of this AD may be removed from the ALS.

    Note 2: Guidance on revising Chapter 5 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, Revision
97, dated July 15, 2009, can be found in the applicable subchapters
listed in Table 1 of this AD.

                  Table 1--Applicable AMM Sub-Chapters
------------------------------------------------------------------------
               AMM sub-chapter                          Subject
------------------------------------------------------------------------
05-10-01.....................................  Airframe Airworthiness
                                                Limitations before Life
                                                Extension Programme.
05-10-05 \1\.................................  Airframe Airworthiness
                                                Limitations, Life
                                                Extension Programme
                                                Landings Life Extended.
05-10-10 \2\.................................  Airframe Airworthiness
                                                Limitations, Life
                                                Extension Programme
                                                Calendar Life Extended.
05-10-15.....................................  Aircraft Equipment
                                                Airworthiness
                                                Limitations.
05-10-17.....................................  Power Plant Airworthiness
                                                Limitations.
05-15-00.....................................  Critical Design
                                                Configuration Control
                                                Limitations (CDCCL)--
                                                Fuel System Description
                                                and Operation.
05-20-00 \3\.................................  Scheduled Maintenance.
05-20-01.....................................  Airframe Scheduled
                                                Maintenance--Before Life
                                                Extension Programme.
05-20-05 \1\.................................  Airframe Scheduled
                                                Maintenance--Life
                                                Extension Programme
                                                Landings Life Extended.
05-20-10 \2\.................................  Airframe Scheduled
                                                Maintenance--Life
                                                Extension Programme
                                                Calendar Life Extended.
05-20-15.....................................  Aircraft Equipment
                                                Scheduled Maintenance.
------------------------------------------------------------------------
\1\ Applicable only to aircraft post-modification HCM20011A or HCM20012A
  or HCM20013A.
\2\ Applicable only to aircraft post-modification HCM20010A.
\3\ Paragraphs 5 and 6 only, on the Corrosion Prevention and Control
  Program (CPCP) and the Supplemental Structural Inspection Document
  (SSID).

    Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations)
Limited BAe146 Series/Avro146-RJ Series AMM, is the CDCCL.

    Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the
relevant issues of the support documents are as follows: BAE SYSTEMS
(Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention
and Control Program Document CPCP-146-01, Revision 3, dated July 15,
2008, including BAE SYSTEMS (Operations) Limited Temporary Revision
(TR) 2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited
BAe146 Series Supplemental Structural Inspection Document SSID-146-
01, Revision 1, dated June 15, 2009.

    Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the
relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-
RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is
Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215,
dated October 7, 2009, as being dated May 2009).

    Note 6: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraphs (g) of this AD; or before revision of
Chapter 5 of the AMM, as required by paragraph (h) of this AD; do
not need to be reworked in accordance with the CDCCLs. However, once
the ALS or AMM

has been revised, future maintenance actions on these components
must be done in accordance with the CDCCLs.
    (i) Except as specified in paragraph (k) of this AD: After the
actions specified in paragraph (g) or (h) of this AD have been
accomplished, no alternative inspections or inspection intervals may
be approved for the structural elements specified in the documents
listed in paragraph (g) or (h) of this AD.
    (j) Modifying the main fittings of the main landing gear in
accordance with Messier-Dowty Service Bulletin 146-32-171, dated
August 11, 2009, extends the safe limit of the main landing gear
main fitting from 32,000 landings to 50,000 landings on the main
fitting.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone
(425) 227-1175; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.

Related Information

    (l) EASA Airworthiness Directive 2009-0215, dated October 7,
2009; and Messier-Dowty Service Bulletin 146-32-171, dated August
11, 2009; also address the subject of this AD.

    Issued in Renton, Washington, on March 2, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5016 Filed 3-8-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15949-15950]
[FR Doc No: 2013-05834]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0955; FRL-9379-4]

Notice of Receipt of Request To Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by a registrant to voluntarily cancel certain pesticide registrations.
EPA intends to issue a cancellation order granting these requests at
the close of the comment period for this notice. If these requests are
granted, any sale, distribution, or use of products listed in this
notice will be permitted after the registration has been canceled only
if such sale, distribution, or use is consistent with the terms as
described in the final cancellation order.

DATES: Comments must be received on or before April 12, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0955, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. ATTN: Rusty Wasem.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.

    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting (CBI). Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from
Spectrum Group (Spectrum) to cancel five pesticide products registered
under FIFRA section 3. These registrations are listed in sequence by
registration number in Table 1 of this unit. The requests for voluntary
cancellation were conditioned, for some of the products, on the
effective date of cancellation and the Agency's allowance of certain
sale and distribution of existing stocks of canceled product. At the
end of the 30-day period identified above, EPA intends to issue an
order in the Federal Register canceling all of the affected
registrations in a manner consistent with the conditional nature of the
request for cancellation.

      Table 1--Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
       Registration No.             Product name         Chemical name
------------------------------------------------------------------------
8845-39......................  Rid-A-Rat and Mouse    Warfarin.
                                Killer.
8845-125.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Mouse Killer.
8845-126.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Rat Killer 1.
8845-127.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Mouse and Rat
                                Killer.
8845-128.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Mouse Killer
                                Bait Station.
------------------------------------------------------------------------

    Table 2 of this unit includes the address of Spectrum.

          Table 2--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
          EPA Company No.                 Company name and address
------------------------------------------------------------------------
8845..............................  Spectrum Group, A Division of United
                                     Industries, 1 Rider Trail Plaza
                                     Drive, Suite 300, Earth City, MO
                                     63045.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1)(A) of FIFRA provides that a registrant of a
pesticide product may, at any time, request that any of its pesticide
registrations be canceled. FIFRA further provides that, before acting
on the request, EPA must publish a notice of receipt of any such
request in the Federal Register.
    Section 6(f)(1)(B)(A) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The products listed in Table 1 of Unit II do not represent minor
agricultural uses and thereby are not eligible for a 180-day comment
period on their request for voluntary cancellation. In addition,
Spectrum has requested that EPA waive any 180-day comment period.
Accordingly, EPA will provide a 30-day comment period on the proposed
requests.

IV. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of canceled pesticide products
that are in the United States and that were appropriately packaged,
labeled, and released for shipment prior to the effective date of
cancellation of the underlying registration. It is EPA's intention to
issue a cancellation order treating existing stocks after cancellation
of the registrations identified in Table 1 as follows:
    1. For product registered under EPA registration number 8845-127:
    i. Cancellation of this registration will become effective on
August 1, 2013. The registrant has agreed to a cap upon production of
product between January 30, 2013, and July 31, 2013. All subsequent
conditions are contingent on the registrant abiding by the terms of
this production cap.
    ii. The registrant will be permitted to sell and distribute stocks
of 8845-127 until November 1, 2013. After November 1, 2013, the
registrant will be prohibited from selling or distributing the product,
except for export consistent with FIFRA section 17 or for proper
disposal.
    iii. Existing stocks may be sold and distributed by persons other
than the registrant until the later of the following two dates:
    a. September 1, 2014; or
    b. The last date for which sales of rodenticide products (including
existing stocks) registered by Reckitt Benckiser that are subject to
the Notice of Intent to Cancel signed by EPA on January 29, 2013,
remain legally permissible under FIFRA.
    Users will be allowed to use existing stocks until such stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
product.
    2. For products registered under EPA registration numbers 8845-39,
8845-125, 8845-126, and 8845-128:
    Cancellation of these registrations shall become effective on April
12, 2013. Upon cancellation, EPA intends to prohibit all sale or
distribution of existing stocks of these products by any person, except
for export consistent with FIFRA section 17, proper disposal, or return
to the person from whom the product was purchased. Users will be
allowed to use existing stocks until such stocks are exhausted,
provided that such use is consistent with the terms of the previously
approved labeling on, or that accompanied, the canceled product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 1, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-05834 Filed 3-12-13; 8:45 am]
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[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Proposed Rules]
[Page 16706]
[DOCID:fr02ap10-26]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0089; FRL-9132-2]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to Voiding of Permits and Extension of Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve severable portions of a submittal
from the State of Texas, through the Texas Commission on Environmental
Quality (TCEQ), on September 25, 2003, to revise the Texas Major and
Minor New Source Review (NSR) State Implementation Plan (SIP). Within
this SIP submittal, the State repealed a paragraph of the SIP rule
pertaining to the Texas Major and Minor NSR SIP and renumbered the SIP
rule's paragraphs. We are proposing to approve the new replacement rule
as meeting the Major and Minor NSR SIP requirements for voiding of
permits.
    We are also proposing to approve the portion of the revision that
addresses the recodification of the provision relating to the granting
of one 18-month extension of a permit as meeting the Major and Minor
NSR SIP requirement for extensions of permits. The revision imposes
requirements on permitees, requiring a review of the permit's
underlying permit determinations before this SIP-approved extension can
be granted. Finally, the revision provides for a second permit
extension if certain conditions are met, including a health effects
review. EPA is proposing to approve the new replacement rule for this
second permit extension as meeting the Major and Minor NSR and NNSR SIP
requirements.
    EPA finds that these changes to the Texas SIP comply with the
Federal Clean Air Act (the Act or CAA) and EPA regulations, are
consistent with EPA policies, and will improve air quality. This action
is being proposed under section 110 and parts C and D of the Act.

DATES: Comments must be received on or before May 3, 2010.

ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of the Federal Register.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's proposal, please contact Ms. Melanie Magee (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-7161. Ms. Magee can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no relevant adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this action, no further activity is contemplated. If EPA receives
relevant adverse comments, the direct final rule will be withdrawn and
all public comments received will be addressed in a subsequent final
rule based on this proposed rule. EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of the rule, and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: March 24, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010-7212 Filed 4-1-10; 8:45 am]
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