[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Pages 8084-8085]
[FR Doc No: 2020-02749]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88134; File No. SR-IEX-2020-02]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees Pursuant to Rule 15.110

February 6, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on February 4, 2020, the Investors Exchange LLC (``IEX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of Section 19(b)(1) under the Act,\4\
and Rule 19b-4 thereunder,\5\ IEX is filing with the Commission
proposed changes to eliminate the IEX Enhanced Market Maker (``IEMM'')
program set forth in IEX Rule 11.170 and make conforming changes to its
Fee Schedule, pursuant to IEX Rule 15.110(a) and (c), to eliminate the
IEMM fee discounts.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.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 the
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 eliminate the IEX Enhanced Market
Maker (``IEMM'') program set forth in IEX Rule 11.170 and to make
conforming changes to its Fee Schedule, pursuant to IEX Rule 15.110(a)
and (c), to eliminate the IEMM fee discounts.
Background
    IEX launched the IEMM program on February 1, 2018.\6\ The IEMM
program provides a fee discount to incentivize Members \7\ to quote at
and/or near the NBBO \8\ in IEX Listed Securities \9\ for a significant
portion of the day. As specified in IEX Rule 11.170, a Member
registered as an IEX Market Maker pursuant to Rule 11.150 in all
securities listed on IEX \10\ may be designated as an IEMM by meeting
the monthly quoting criteria for the Inside Tier, the Depth Tier, or
both.\11\ Members designated as IEMMs qualify for a lower per-share
rate charged for both displayed and non-displayed executions subject to
either the Reduced or Standard Match Fees on the Exchange in securities
priced at or above $1.00, as set forth in IEX Rule 11.170(a)(3) and the
IEX Fee Schedule.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 82636 (February 6,
2018), 83 FR 6059 (February 12, 2018) (SR-IEX-2018-02).
    \7\ See IEX Rule 1.160(s).
    \8\ The term ``NBBO'' means the national best bid or offer, as
set forth in Rule 600(b) of Regulation NMS under the Act, determined
as set forth in IEX Rule 11.410(b). See IEX Rule 1.160(u).
    \9\ See IEX Rule 14.002(19).
    \10\ Supplementary Material .01 to Rule 11.170 provides a
limited exception to the requirement that a Member must be a
registered IEX Market Maker in all securities listed on IEX if (i) a
Member does not act as a market maker in one or more IEX-listed
securities on any other national securities exchange, and (ii) the
Market Maker provides documentation, satisfactory to IEX Regulation,
substantiating that such Member is unable to act as a market maker
in one or more particular securities listed on IEX (a) in order to
comply with specified legal or regulatory requirements, or (b)
operational restrictions not exceeding 90 calendar days from the
date the security first lists on the Exchange.
    \11\ See IEX Rule 11.170.
---------------------------------------------------------------------------

    There are no longer any IEX Listed Securities, and it is thus not
possible for any Member to qualify for designation as an IEMM and the
applicable transaction fee discount.\12\ Therefore, the Exchange is
proposing to eliminate the IEMM program and delete IEX Rule 11.170
(designating it as ``Reserved'') and remove all references to the IEMM
fee discounts from the IEX Fee Schedule. IEX believes this proposed
rule change will eliminate any possible confusion about whether Members
can qualify for the IEMM discounts.
---------------------------------------------------------------------------

    \12\ IEX announced its listing business exit on September 23,
2019, which was effective on October 7, 2019. See IEX Trading Alert
#2019-029 available at: https://iextrading.com/alerts/#/85.
---------------------------------------------------------------------------

2. Statutory Basis

    IEX believes that the proposed rule change is consistent with the
provisions of Section 6(b) of the Act \13\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\14\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees and other charges among its Members
and other persons using the Exchange's facilities; and to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4)-(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with these principles because it will remove obsolete rule text and fee
provisions, thereby avoiding any potential confusion among Members. As
noted in the Purpose section, there are no longer any IEX Listed
Securities, and it is thus not possible for any Member to qualify for
designation as an IEMM and the applicable transaction fee discount. The
Exchange further believes that the proposed rule change is reasonable,
equitable, and not unfairly discriminatory because the changes will
apply equally to all Members.

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

    IEX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any competitive issues but simply to remove
obsolete rule text and fee provisions to avoid any potential confusion
among Members.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) \15\ of the Act.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 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 Number SR-IEX-2020-02 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-IEX-2020-02. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2020-02 and should be submitted on
or before March 4, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-02749 Filed 2-11-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]
[Page 36531-36532]
[DOCID:fr03jy07-115]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55960; File No. SR-ISE-2007-42]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Relating to PrecISE Fees

June 26, 2007.
    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 June 1, 2007, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. ISE has designated this proposal as one
establishing or changing a due, fee, or other charge imposed by ISE
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The ISE is proposing to amend the fees for its PrecISE Trade[reg]
order entry terminals and also to delete obsolete references to CLICK
fees in its Schedule of Fees. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
http://www.iseoptions.com.

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 purpose of this proposed rule change is to amend the ISE's
Schedule of Fees concerning fees for its proprietary PrecISE Trade[reg]
order entry terminals. ``PrecISE'' is the Exchange's internally-
developed proprietary order-routing terminal used by Electronic Access
Members (``EAMs'') to send order flow to ISE. The Exchange currently
charges a monthly fee of $250 per terminal, with a $500 minimum and
$1,500 maximum per EAM.\5\ ISE recently updated PrecISE, enhancing it
with certain new functionalities that permit, among other things, away
market routing for non-ISE listed options. Certain other user-requested
enhancements have also been built into the new version, including the
facilitation of complex orders. In order for ISE to cover the costs of
building out the enhanced version, the Exchange proposes to amend the
current PrecISE fees as follows: for the first 10 users, the Exchange
proposes a fee of $300 per user per month; for all subsequent users,
the Exchange proposes to charge $50 per user per month.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 53788 (May 11,
2006), 71 FR 28728 (May 17, 2006) (ISE-2006-19) (the ``PrecISE Fee
Filing'').
---------------------------------------------------------------------------

    Additionally, ISE recently decommissioned all the CLICK terminals
that were at member sites. All EAMs now have PrecISE Trade terminals.
In the PrecISE Fee Filing, the Exchange noted that upon completion of
the phase-out of CLICK, ISE will submit a proposed rule change to the
Commission pursuant to which it will remove CLICK fees from its
Schedule of Fees. The Exchange thus proposes to remove all references
to CLICK terminals from its Schedule of Fees.\6\
---------------------------------------------------------------------------

    \6\ Regarding the Session/API fee, the Exchange's proposal to
delete the reference to CLICK (referred to as the ``Options Trade
Review Terminal'') in that item of the Schedule of Fees leaves
untouched the existing flat $250 Session/API fee, which continues to
be applicable to EAMs that use their own API to connect to the
Exchange (i.e., EAMs that do not use PrecISE to access the
Exchange). See Telephone conference between Samir Patel, Assistant
General Counsel, ISE, and Richard Holley III, Special Counsel,
Division of Market Regulation, Commission, dated June 22, 2007.
---------------------------------------------------------------------------

2. Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(4) \7\ that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities. In particular,
these fees will enable the Exchange to cover its costs for providing an
enhanced version of its front-end trading system.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-4(f)(2) \9\
thereunder because it establishes or changes a due, fee, or other
charge imposed by the Exchange. At any time within 60 days of the
filing of such proposed rule change, the Commission may summarily
abrogate 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2007-42 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2007-42. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the ISE. 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-ISE-
2007-42 and should be submitted on or before July 24, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-12778 Filed 7-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26923-26924]
[FR Doc No: 2015-11283]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10200-014]

Congdon Pond Hydro, LLC; Notice of Intent To Terminate Exemption
(5 Mw or Less) and Soliciting Comments, Protests, or Motions To
Intervene

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Termination of exemption by implied
surrender.
    b. Project No.: 10200-014.
    c. Date Initiated: May 4, 2015.
    d. Exemptee: Congdon Pond Hydro, LLC.
    e. Name and Location of Project: The Congdon Dam Hydroelectric
Project is located on the Oxoboxo Brook in New London County,
Connecticut.
    f. Filed Pursuant to: 18 CFR 4.106 (Standard Article 1).
    g. Exemptee Contact Information: Mr. John Morte, President and
Treasurer, Congdon Pond Hydro, LLC., 63 Hayward Street, Milford, MA
(508) 333-6743.
    h. FERC Contact: Jennifer Polardino,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. Deadline for filing comments, protests, or motions to intervene
is 30 days from the issuance of this notice by the Commission. Please
file your submittal electronically via the Internet (eFiling) in lieu
of paper. Please refer to the instructions on the Commission's Web site
under http://www.ferc.gov/docs-filing/efiling.asp and filing
instructions in the Commission's Regulations at 18 CFR
385.2001(a)(1)(iii). To assist you with eFilings you should refer to
the submission guidelines document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. In addition, certain filing
requirements have statutory or regulatory formatting and other
instructions. You should refer to a list of these ``qualified
documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You
must include your name and contact information at the end of your
comments. Please include the project number (P-10200-014) on any
documents or motions filed. The Commission strongly encourages
electronic filings; otherwise, you should submit an original and seven
copies of any submittal to the following address: The Secretary,
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First
Street NE., Washington, DC 20426.
    j. Description of Project Facilities: (1) A 35-foot-high by 170-
foot-long dam, with 7-inch-high flashboards; (2) a 6.5-acre reservoir
with a storage capacity of 130 acre-feet; (3) two outlet works with an
overall length of 23 feet; (4) a 5-foot-diameter by 70-foot-long
penstock; (5) a powerhouse containing one 60-kilowatts generating unit;
(6) a tailrace; and (7) appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of
Standard Article 1 of its exemption, which was granted on December 9,
1987 (41 FERC ] 62,224). Article 1 provides, among other things, that
the Commission may terminate an exemption if any term or condition of
the exemption is violated.
    Commission records show that Congdon Dam Hydroelectric Project has
been non-operational since May 2002. After several years of
correspondence regarding restoring project operation, the exemptee has
become non-responsive. The exemptee most recently filed with the
Commission on September 18, 2014 a plan and schedule to restore project
operation. In its filing, the exemptee also requested to extend the
date to restore project operation to October 1, 2015. By letter dated
October 8, 2014, the Commission acknowledged the filing and required
the exemptee to file a status update by January 15, 2015 to show
continued progress towards restoring project operation. The filing
should also include an application to amend the exemption to reflect
the new transmission line alignment. The exemptee did not do so. By
letter dated April 9, 2015, the Commission again required the exemptee
to file by April 24, 2014, a plan and schedule to restore operational
status, and an application to amend the exemption if the exemptee still
intends to change the transmission line alignment. The exemptee was
notified that failure to do so would result in an implied surrender of
the project exemption. To date, the exemptee has not filed a response
and the project remains inoperable.
    l. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-10200-014) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-

3676 or email<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.212, .214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular proceeding.
    o. Filing and Service of Responsive Documents--Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST,'' or
``MOTIONS TO INTERVENE'', as applicable; (2) set forth in the heading
the project number of the proceeding to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting, or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments or
protests must set forth their evidentiary basis. All comments,
protests, or motions to intervene should relate to project works which
are the subject of the termination of exemption. A copy of any protest
or motion to intervene must be served on each representative of the
exemptee specified in item ``f'' above. A copy of all other filings in
reference to this notice must be accompanied by proof of service on all
persons listed in the service list prepared by the Commission in this
proceeding in accordance with 18 CFR 4.34(b) and 385.2010.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: May 4, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-11283 Filed 5-8-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 20, 2005 (Volume 70, Number 243)]
[Notices]
[Page 75502-75503]
[DOCID:fr20de05-86]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Regulation BTR; OMB Control No. 3235-0579; SEC File No. 270-521.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for extension of the previously approved collection of
information discussed below.
    Regulation Blackout Trade Restriction (``Regulation BTR'')
clarifies the scope and application of Section 306(a) of the Sarbanes-
Oxley Act of 2002 (``Act''). Section 306(a)(6) of the Act requires an
issuer to provide timely notice to its directors and executive officers
and to the Commission of the imposition of a blackout period that would
trigger the statutory trading prohibition of Section 306(a)(1). The
information provided under Regulation BTR is mandatory and is available
to the public. Approximately 1,230 issuers file Regulation BTR notices
annually. We estimate that it takes 2 hours per response for an issuer
to draft a notice to directors and executive officers for a total
annual burden of 2,460 hours. The issuer prepares 75% of the 2,460
annual burden hours for a total reporting

burden of (1,230 x 2 hrs x .75) 1,845 hours. In addition, we estimate
that an issuer distributes a notice to five directors and executive
officers at an estimated 5 minutes per notice (1,230 blackout period x
5 notices x 5 minutes) for a total reporting burden of 512 hours. The
combined annual reporting burden is (1,845 hours + 512 hours) 2,357
hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or send an e-mail to
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief

Information Officer, Office of Information Technology, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549. Comments
must be submitted to OMB within 30 days of this notice.

    Dated: December 12, 2005.
Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7527 Filed 12-19-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27833-27834]
[FR Doc No: 2015-11590]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74908; File No. SR-FICC-2015-001]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify the Rules of the Government Securities Division and the
Mortgage-Backed Securities Division Regarding the Default of Fixed
Income Clearing Corporation

May 8, 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 April 24, 2015, The Fixed Income Clearing Corporation
(``FICC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by FICC. FICC filed the
proposed rule change pursuant to Section 19(b)(3)(A) \3\ of the Act and
Rule 19b-4(f)(1) \4\ thereunder, so that the proposal was effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change is a clarification of the meaning of
clause (b)(i) of Rule 22B of the Government Securities Division
(``GSD'') of Fixed Income Clearing Corporation (``FICC'' or the
``Corporation'') and the meaning of clause (b)(i) of Rule 17A of the
Mortgage-Backed Securities Division (``MBSD'') of FICC (together the
``Corporation Default Rules''). This clarification does not require a
change to the text of the rules of GSD (the ``GSD Rules'') or the text
of the rules of MBSD (the ``MBSD Rules'').

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

    In its filing with the Commission, FICC 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. FICC 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

(1) Purpose
    It has come to the attention of FICC that, although the texts of
the Corporation Default Rules are clear, the narrative description of
the rule changes to the Corporation Default Rules recently implemented
by FICC in its rule filing SR-FICC-2014-09 \5\ could be construed as
ambiguous as to the relationship between the 7 calendar day grace
period applicable under clause (b)(i) of the Corporation Default Rules
and FICC's authority to suspend its rules under GSD Rule 42 (Suspension
of Rules) and MBSD Rule 33 (Suspension of Rules in Emergency
Circumstances), as applicable. By this proposed rule change, FICC is
clarifying that the 7 calendar day grace period applicable under clause
(b)(i) of GSD Rule 22B cannot be extended by application of any GSD
Rule, including GSD Rule 42 (Suspension of Rules), and that the 7
calendar day grace period applicable under clause (b)(i) of MBSD Rule
17A cannot be extended by application of any MBSD Rule, including MBSD
Rule 33 (Suspension of Rules in Emergency Circumstances).
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 73682 (November 25,
2014), 79 FR 71481 (December 2, 2014) (File No. SR-FICC-2014-09).
---------------------------------------------------------------------------

(2) Statutory Basis
    The proposed rule change is consistent with Section 17A(b)(3)(F)
\6\ of the Act and the rules and regulations promulgated thereunder
because it will promote the prompt and accurate clearance and
settlement of securities transactions in that it will provide clarity
to FICC members regarding their rights and obligations and the rights
and obligations of the Corporation under clause (b)(i) of the
Corporation Default Rules.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).

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

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

    FICC does not believe that the proposed rule change will have any
impact, or impose any burden, on competition because it relates to a
clarification of the meaning of the Corporation Default Rules that
would apply equally to all FICC members.

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

    Written comments relating to the proposed rule change have not been
solicited or received. FICC will notify the Commission of any written
comments received by FICC.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act and paragraph (f)(1) of Rule 19b-4 thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-FICC-2015-001 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-FICC-2015-001. 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 of submission. 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 Section, 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 FICC
and on FICC's Web site at http://www.dtcc.com/legal/sec-rule-filings.aspx. 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-FICC-2015-001 and
should be submitted on or before June 4, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11590 Filed 5-13-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25894-25898]
[FR Doc No: 2018-11816]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0779; Product Identifier 2017-NM-040-AD; Amendment
39-19301; AD 2018-11-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 787-8 airplanes. This AD was prompted by a
report of possible degraded bond-line performance of co-bonded upper
wing stringer-to-skin joints. This AD requires repetitive inspections
of certain upper wing stringers for any disbond and corrective actions,
if necessary; and a terminating preventive modification of installing
disbond arrestment (DBA) fasteners. This AD also requires revising the
inspection or maintenance program to incorporate an airworthiness
limitation. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective July 10, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 10,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0779.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0779; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule,

the regulatory evaluation, any comments received, and other
information. The address for Docket Operations (phone:<PHONE_NUMBER>) is
Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Allen Rauschendorfer, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 787-8 airplanes. The NPRM was published in the Federal Register
on August 25, 2017 (82 FR 40511). The NPRM was prompted by a report of
possible degraded bond-line performance of co-bonded upper wing
stringer-to-skin joints. The NPRM proposed to require repetitive
inspections of certain upper wing stringers for any disbond, and
corrective actions if necessary; and a terminating preventive
modification of installing DBA fasteners. The NPRM also proposed to
require revising the inspection or maintenance program to incorporate
an airworthiness limitation.
    The degraded stringer bond-line does not meet the residual strength
requirements if an adjacent stringer becomes disbonded due to induced
damage at a critical location. We are issuing this AD to prevent upper
wing stringer-to-skin joint disbonding, which can reduce the structural
integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    One commenter, Ken Mayes, and United Airlines (UAL) expressed
support for the NPRM.

Request To Specify Updated Service Information

    UAL, Japan Airlines (JAL), All Nippon Airways (ANA), and Boeing
requested that we specify a later revision of the service information.
Boeing pointed out that Issue 002 of Boeing Alert Service Bulletin
B787-81205-SB570030-00 is expected to be released in the first half of
2018. JAL pointed out that Boeing has released Information Notice B787-
81205-SB570030-00 IN-01, dated April 5, 2017, to include a certain
special tool. JAL mentioned communications with Boeing regarding
``location 2'' fasteners that are for the dry bay installation and part
of the basic design features. JAL also mentioned that Boeing
communicated that certain specifications for ultraviolet protections
were not the latest revisions in Boeing Alert Service Bulletin B787-
81205-SB570030-00, Issue 001, dated March 17, 2017. JAL specifically
mentioned its preference to avoid deviations based on these issues. UAL
specified that seven airplanes from the UAL fleet are affected by the
NPRM. ANA pointed out that Issue 002 of Boeing Alert Service Bulletin
B787-81205-SB570030-00 is expected to include alternative non-
destructive test (NDT) procedures, alternative cleaning procedures,
additional removal and installation specifications, and alternative
special tools. ANA also pointed out that certain details regarding the
new copper foils are incorrect in Issue 001 of the service information
and that Issue 002 will correct those inaccuracies.
    We do not consider that delaying this action until release of the
planned service bulletin is warranted. Issue 002 of Boeing Alert
Service Bulletin B787-81205-SB570030-00 is not yet approved, and we
cannot specify future revisions of service information in this AD.
Boeing Alert Service Bulletin B787-81205-SB570030-00, Issue 001, dated
March 17, 2017, is the currently available revision, and it provides
adequate information to address the identified unsafe condition. We
have not reviewed the proposed Issue 002 of Boeing Alert Service
Bulletin B787-81205-SB570030-00. However, the proposed Issue 002 of
Boeing Alert Service Bulletin B787-81205-SB570030-00, is expected to
provide more options, clarifications, and corrections, which may be
helpful, but are not necessary to accomplish the requirements of this
AD. These revisions are not expected to affect an operator's ability to
comply with this AD. Therefore, we do not plan to wait for the release
of Issue 002 of Boeing Alert Service Bulletin B787-81205-SB570030-00
before issuing this AD. However, we will consider requests for approval
of an alternative method of compliance (AMOC) to allow the use of Issue
002 of Boeing Alert Service Bulletin B787-81205-SB570030-00 after it
has been published, under the provisions of paragraph (l) of this AD.
We have not changed this final rule regarding this issue.

Request To Clarify Information Leading to AD Action

    Boeing requested that we clarify the information leading to the AD
action in the SUMMARY of the NPRM and paragraph (e) of the proposed AD.
The commenter pointed out that Boeing notified the FAA of possible
degraded bond-line performance, but that there have been no reports of
stringer disbonds found in the fleet.
    We agree for the reasons provided. We have revised the SUMMARY
section of this final rule and paragraph (e) of this AD to specify that
this AD was prompted by a report of possible degraded bond-line
performance of co-bonded upper wing stringer-to-skin joints.

Request To Clarify the Cause of the Possible Degraded Bond-Line
Performance

    Boeing requested that we clarify the cause of the possible degraded
bond-line performance. The commenter pointed out that a specific type
of Boeing Material Specification (BMS) 8-308 peel ply, and exposure to
cure times that exceeded 4 hours at a temperature of 355 Fahrenheit
degrees (10 Fahrenheit degrees), are contributing factors.
The commenter also pointed out that other types of BMS 8-308 peel ply
are not affected by the unsafe condition. The commenter also mentioned
that the temperature specified (345 Fahrenheit degrees (10
Fahrenheit degrees)) in Boeing Alert Service Bulletin 787-81205-
SB570030-00, Issue 001, dated March 17, 2017, in the description of the
incident was incorrect.
    We agree that clarification is necessary, in that, the BMS 8-308
specification includes multiple different types of peel ply material,
and not all BMS 8-308 material types are affected by this AD. In fact,
the replacement peel ply material specified in the service information
was also selected from the BMS 8-308 specification. However, we do not
agree to specify the temperature in this AD, because that information
is not restated in the final rule. We have not changed this final rule
regarding this issue.

Request To Clarify the Condition That Could Cause the Unsafe Condition

    Boeing requested that we revise the Discussion section of the NPRM
to clarify the condition that could cause the unsafe condition. The
commenter pointed out that the upper wing stringer-to-skin joint may
not sustain limit load if a stringer has a one-bay

disbond and is adjacent to a critical stringer with a degraded bond-
line, which could adversely affect the structural integrity of the
airplane. The commenter also pointed out that the degraded bond-lines
are good for ultimate load and long-term durability when not assuming
an adjacent stringer disbond. The commenter stated that the only way to
show less than limit load capability is to assume that the degraded
bond-line is adjacent to a one-bay disbond.
    We agree that clarification is necessary, in that, the unsafe
condition is a residual strength requirement that assumes an already
damaged structure. We have revised the Discussion section of this final
rule to reflect this condition.

Request To Clarify ``Assumed'' Conditions of Unsafe Condition

    Boeing requested that we revise the NPRM to specify that the unsafe
condition is based on additional assumed conditions. The commenter
stated that the NPRM would not prevent anything, as the structure is
good for ultimate static and fatigue, but would ensure that no
``assumed'' disbonds could be adjacent to a degraded bond-line.
    We disagree with the request to revise paragraph (e) of this AD.
This AD mandates inspections and provides a terminating action for
airplanes with a known manufacturing non-conformance, which, under
certain conditions, could reduce the structural capability of the
airframe to less than limit load. We have not changed this final rule
regarding this issue.

Request To Specify That the Unsafe Condition Does Not Develop

    Boeing requested that we revise the ``FAA's Determination'' section
of the NPRM to specify that while the unsafe condition could exist, it
cannot develop. The commenter pointed out that the unsafe condition is
a function of fabrication and not durability issues.
    We disagree to make the requested wording change. The ``FAA's
Determination'' section of the NPRM is not restated in the final rule.
We have not changed this final rule regarding this issue.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule 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 for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB570030-00,
Issue 001, dated March 17, 2017. The service information describes
procedures for inspection of certain upper wing stringers for any
disbond and corrective actions; and for a preventive modification which
consists of, depending on airplane configuration, applying copper foil
to the upper wing at certain stringer and rib bay locations, installing
DBA fasteners on the upper flanges of the upper wing stringers at the
stringer and rib bay locations, applying cap seals to the DBA
fasteners, and applying edge sealant to the stringers at the DBA
fastener installation locations.
    We have also reviewed Airworthiness Limitation (AWL) 57-AWL-13,
``Inspection Requirements for In-Tank Fasteners and Edge Seal near
Disbond Arrestment (DBA) Fastener Installations in Lightning Zone 2,''
of Boeing 787 Special Compliance Items/Airworthiness Limitations,
D011Z009-03-04, dated February 2017. This service information describes
tasks for inspecting in-tank fasteners and edge seals near DBA fastener
installations of lightning zone 2.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 24 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  49 work-hours x $85 per              $0  $4,165 per          $99,960 per
                                  hour = $4,165 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
Modification...................  Up to 352 work-hour x             1,902  Up to $31,822.....  Up to $763,728.
                                  $85 per hour = $29,920.
Maintenance or Inspection        1 work-hour x $85 per                 0  $85...............  $2,040.
 Program Revision.                hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has

delegated the authority to issue ADs applicable to transport category
airplanes and associated appliances to the Director of the System
Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-11-13 The Boeing Company: Amendment 39-19301; Docket No. FAA-
2017-0779; Product Identifier 2017-NM-040-AD.

(a) Effective Date

    This AD is effective July 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin B787-81205-SB570030-00, Issue 001, dated March 17, 2017,
and line numbers 10, 13, 15, 16, 17, 18, and 19.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of possible degraded bond-line
performance of co-bonded upper wing stringer-to-skin joints. We are
issuing this AD to prevent upper wing stringer-to-skin joint
disbonding, which can reduce the structural integrity of the
airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    For airplanes identified in Boeing Alert Service Bulletin B787-
81205-SB570030-00, Issue 001, dated March 17, 2017, except as
specified in paragraph (k)(1) of this AD, at the applicable time
specified in paragraph 5., ``Compliance,'' of Boeing Alert Service
Bulletin B787-81205-SB570030-00, Issue 001, dated March 17, 2017: Do
an ultrasonic inspection for any disbond on the left side and right
side upper wing stringers; and do all applicable corrective actions;
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin B787-81205-SB570030-00, Issue 001, dated March 17,
2017, except as specified in paragraph (k)(2) of this AD. Do all
applicable corrective actions before further flight. Repeat the
inspection of the upper wing stringers thereafter at the applicable
intervals specified in paragraph 5., ``Compliance,'' of Boeing Alert
Service Bulletin B787-81205-SB570030-00, Issue 001, dated March 17,
2017, until the actions required by paragraph (j) of this AD are
done.

(h) Maintenance or Inspection Program Revision

    (1) For airplanes identified in Boeing Alert Service Bulletin
B787-81205-SB570030-00, Issue 001, dated March 17, 2017: Prior to or
concurrently with accomplishing the actions required by paragraph
(g) of this AD, revise the inspection or maintenance program, as
applicable, to incorporate Airworthiness Limitation (AWL) 57-AWL-13,
``Inspection Requirements for In-Tank Fasteners and Edge Seal near
Disbond Arrestment (DBA) Fastener Installations in Lightning Zone
2,'' of Boeing 787 Special Compliance Items/Airworthiness
Limitations, D011Z009-03-04, dated February 2017 (``AWL 57-AWL-
13''). The initial compliance time for accomplishing the tasks
specified in AWL 57-AWL-13 is within 24,000 flight cycles or 12
years, whichever occurs first, after accomplishing the actions
specified in Boeing Alert Service Bulletin B787-81205-SB570030-00,
Issue 001, dated March 17, 2017.
    (2) For airplanes having line numbers 10, 13, and 15 through 19
inclusive: Within 60 days after the effective date of this AD,
revise the inspection or maintenance program, as applicable, to
incorporate AWL 57-AWL-13. The initial compliance time for
accomplishing the tasks specified in AWL 57-AWL-13 is prior to the
accumulation of 24,000 total flight cycles or within 12 years after
the date of issuance of the original airworthiness certificate or
date of issuance of the original export certificate of
airworthiness, whichever occurs first.

(i) No Alternative Actions or Intervals

    After the action required by paragraph (h) of this AD has been
done, no alternative actions (e.g., inspections) or intervals may be
used unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (l) of this AD.

(j) Inspection and Modification

    For airplanes identified in Boeing Alert Service Bulletin B787-
81205-SB570030-00, Issue 001, dated March 17, 2017, on which ``PART
3: PREVENTIVE MODIFICATION'' of the Accomplishment Instructions of
Boeing Alert Service Bulletin B787-81205-SB570030-00, Issue 001,
dated March 17, 2017, has not been done at all of the unrepaired
areas of the upper wing stringers, except as specified in paragraph
(k)(1) of this AD: At the applicable time specified in paragraph 5.,
``Compliance,'' of Boeing Alert Service Bulletin B787-81205-
SB570030-00, Issue 001, dated March 17, 2017, do the actions
specified in paragraphs (j)(1) and (j)(2) of this AD, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin B787-81205-SB570030-00, Issue 001, dated March 17, 2017,
except as specified in paragraph (k)(2) of this AD. Doing the
actions required by this paragraph terminates the repetitive
inspections required by paragraph (g) of this AD.
    (1) Do an ultrasonic inspection for any disbond on the left side
and right side upper wing stringers, and do all applicable
corrective actions. Do all applicable corrective actions before
further flight.
    (2) Do the preventive modification in accordance with ``PART 3:
PREVENTIVE MODIFICATION'' of the Accomplishment Instructions of
Boeing Alert Service Bulletin B787-81205-SB570030-00, Issue 001,
dated March 17, 2017.

(k) Exceptions to Service Information

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Service Bulletin B787-81205-SB570030-
00, Issue 001, dated March 17, 2017, uses the phrase ``the Issue 001
date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
    (2) Where Boeing Alert Service Bulletin B787-81205-SB570030-00,
Issue 001, dated March 17, 2017, specifies contacting Boeing, and
specifies that action as RC: This AD requires repair using a method
approved in accordance with the procedures specified in paragraph
(l) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards

District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (m) of this AD. Information may
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) Except as required by paragraph (k)(2) of this AD: For
service information that contains steps that are labeled as RC, the
provisions of paragraphs (l)(4)(i) and (l)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(m) Related Information

    For more information about this AD, contact Allen
Rauschendorfer, Aerospace Engineer, Airframe Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email: [email protected].

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin B787-81205-SB570030-00, Issue
001, dated March 17, 2017.
    (ii) Boeing Airworthiness Limitation 57-AWL-13, ``Inspection
Requirements for In-Tank Fasteners and Edge Seal near Disbond
Arrestment (DBA) Fastener Installations in Lightning Zone 2,'' of
Boeing 787 Special Compliance Items/Airworthiness Limitations,
D011Z009-03-04, dated February 2017.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on May 21, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-11816 Filed 6-4-18; 8:45 am]
BILLING CODE 4910-13-P