[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13129-13135]
[FR Doc No: 2022-04918]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1073; Project Identifier MCAI-2020-01303-A;
Amendment 39-21964; AD 2022-05-12]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Empresa Brasileira de Aeron[aacute]utica S.A.)
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-12-08
for all Embraer S.A. Model EMB-505 airplanes. AD 2020-12-08 required
inspections of the mass-balance weights of the elevators, ailerons, and
rudder (flight control surfaces) and their attachment parts, and
corrective actions if necessary, and revising the airworthiness
limitation section (ALS) of the maintenance manual or instructions for
continued airworthiness to incorporate new airworthiness limitations.
This AD retains the actions required by AD 2020-12-08 and requires, for
certain airplanes, cleaning and weighing certain mass-balances and
installation or replacement, as applicable; and for certain other mass-
balances for certain airplanes, replacement of those mass-balances.
This AD was prompted by a determination that new applicable airplane
serial numbers and new criteria for the replacement of affected parts
are necessary. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective April 13, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 13,
2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
1, 2020 (85 FR 36312, June 16, 2020).

ADDRESSES: For service information identified in this final rule,
contact Phenom Maintenance Support, Avenida Brigadeiro Faria Lima,
2170, P.O. Box 36/2, S[atilde]o Jos[eacute] dos Campos, 12227-901,
Brazil; phone: +55 12 3927 1000; email:
[email protected]; website: https://www.embraer.com.br/en-US/Pages/home.aspx. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-1073.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1073; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The address for Docket Operations is Document
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: Jim Rutherford, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4165; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-12-08, Amendment 39-21143 (85 FR
36312, June 16, 2020), (AD 2020-12-08). AD 2020-12-08 applied to all
Embraer S.A. (type certificate previously held by Empresa Brasileira de
Aeron[aacute]utica S.A.) Model EMB-505 airplanes and required for
certain serial-numbered airplanes, inspecting the mass-balance weights
of the flight control surfaces and their attachment parts for corrosion
and fragmentation, and taking corrective actions if necessary,
including sending inspection results to Embraer. For all airplanes, AD
2020-12-08 required revising the airworthiness limitation section of
the maintenance manual or instructions for continued airworthiness to
incorporate new airworthiness limitations.
    The NPRM published in the Federal Register on September 9, 2021 (86
FR 50487). The NPRM was prompted by Brazilian AD 2020-09-01, dated
September 8, 2020 (referred to after this as ``the MCAI''), issued by
the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which
is the aviation authority for Brazil. The MCAI states:

    It has been found the occurrence of corrosion in the mass-
balance weights of the control surfaces. The corrosion may lead to
loss of mass or detachment of the mass-balance weights, resulting in
an unbalance control surface, which, in conjunction with certain
flight conditions, could lead to flutter and possible loss of
airplane control.
    Since this condition may occur in other airplanes of the same
type and affects flight safety, a corrective action is required.
Thus, sufficient reason exists to request compliance with this
[ANAC] AD in the indicated time limit.
    After [ANAC] EAD [Emergency AD] 2020-01-01 was released, a
reassessment of the unsafe condition by Embraer and, subsequently,
the SB [service bulletin] 505-55-0004, revisions 0 and 1, dated
March 25th, 2020 and June 24, 2020, respectively, expanding the list
of affected aircraft serial numbers (S/Ns) as well as inserting more
restrictive criteria to determine the replacement of affected P/Ns
[part numbers].
    Therefore, this [ANAC] AD retains the requirements of [ANAC] EAD
2020-01-01, which is superseded, and incorporates new applicable
aircraft S/Ns and new criteria for the replacement of affected P/Ns.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1073.
    In the NPRM, the FAA proposed to retain the actions required by AD
2020-12-08 and proposed to require, for certain airplanes, cleaning and
weighing certain mass-balances and installation or replacement, as
applicable; and for certain other mass-balances for certain airplanes,
replacement of those mass-balances. In the NPRM, the FAA also proposed
to remove the reporting required by AD 2020-12-08.

Ex Parte Contact

    After the comment period closed, the FAA requested clarification
from Embraer about airplane delivery documentation based on a comment
from NetJets. A summary of this discussion can be found in the
rulemaking docket at https://www.regulations.gov in Docket No. FAA-
2020-1073.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Embraer and NetJets. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Request To Add ``Required for Compliance'' Language

    Embraer requested that the FAA revise the proposed AD to add
language concerning steps in the service information that are
``Required for Compliance'' (RC). Specifically, the commenter requested
the FAA add RC language that has been used in previous ADs for Embraer
products, which states that steps labeled as RC must be done to comply
with the AD, while steps not labeled as RC may be deviated from using
accepted methods. The commenter noted that since the proposed AD
specifies complying with several steps with an Embraer service
bulletin, the RC method would be useful in avoiding the need for
alternative methods of compliance (AMOCs).
    The FAA adds the RC language requested by Embraer to ADs when the
service information that is incorporated by reference in an AD contains
steps with the ``RC'' notation. Because none of the steps in the
service information incorporated by reference in this AD contain the
``RC'' notation, the language requested by the commenter is
inapplicable. Additional information about the RC method can be found
in FAA Advisory Circular (AC) No. 20-176A, Service Bulletins Related to
Airworthiness Directives and Indicating FAA Approval on Service
Documents, dated June 16, 2014.\1\
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    \1\ You can obtain a copy of this AC from the FAA's website at
https://www.faa.gov/regulations_policies/advisory_circulars/.
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Request To Add Credit Service Information

    In the NPRM, the FAA proposed to retain the actions in paragraph
(h) of the AD, which required compliance with Embraer Alert Service
Bulletin SB505-55-A004, Revision 5, dated December 12, 2019 (SB505-55-
A004R5). The FAA further proposed to allow credit for the actions in
paragraph (h) of the AD if done previously using Embraer Alert Service
Bulletin SB505-55-A004, Revision 06, dated March 25, 2020 (SB505-55-
A004R06). For the new actions in paragraphs (l) through (n) of the
proposed AD, the FAA proposed to require compliance with Embraer
Service Bulletin SB505-55-0004, Revision 01, dated June 24, 2020
(SB505-55-0004R01). The FAA further proposed to allow credit for those
actions if previously done using Embraer Service Bulletin SB505-55-
0004, dated March 25, 2020.
    NetJets requested that the FAA revise the proposed credit
paragraphs to allow credit for actions required by paragraph (h) of the
proposed AD if previously done using Embraer SB505-55-A004R5 and credit
for actions required by paragraphs (l) through (n) of the proposed AD
if previously done Embraer SB505-55-0004R01.
    The FAA notes that paragraph (f) of this AD requires compliance
unless already done. Thus, the AD already allows operators to take
credit for the actions required by paragraphs (h), (l), (m), and (n) if
done before the effective date of the AD. The commenter's requested
changes are unnecessary.

Request To Revise Compliance Time

    In the NPRM, the FAA retained certain actions and proposed new
actions, with compliance times based on the age of the airplane. For
the retained actions, the FAA proposed that the compliance time remain
based on ``the date of issuance of the original airworthiness
certificate or the original export certificate of airworthiness.'' For
the new actions, the FAA proposed compliance times since new, with a
proposed definition of ``since new'' as ``since the date of issuance of
the original airworthiness certificate or the original export
certificate of airworthiness.''
    NetJets requested the FAA change the proposed compliance time from
``within 60 months since new'' to ``within the next 60 months scheduled
maintenance package.'' The commenter stated that, upon aircraft
delivery, Embraer provides a recommended date to start counting
calendar inspections and that this recommended start date does not
always match the date of issuance of the original airworthiness
certificate or the original export certificate of airworthiness.
NetJets stated it operates a large fleet of affected aircraft, and if
the compliance dates in the AD do not align with the scheduled
maintenance package based on Embraer's recommended state date, it could
create an undue hardship, potential downtime, and lost revenue. With
its comment, NetJets provided an example of an Embraer Technical
Disposition (ETD) letter with a recommended start date for counting
calendar inspections.
    The FAA has determined that the compliance times, as proposed,
correspond to the compliance times in the MCAI and will ensure an
acceptable level of safety. The FAA notes that the change requested by
the commenter would only affect some inspections required by the AD
(those that require compliance within 60 months where the term ``since
new'' is used). Accordingly, the change requested by the commenter
would result in the compliance times for some of the new inspections
not aligning with the compliance times for the other new inspections or
with the retained actions. The FAA has not changed this AD in this
regard. However, operators may propose a change in the compliance time
in

accordance with the AMOC procedures specified in paragraph (p) of this
AD.

Conclusion

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA reviewed the relevant
data and determined that air safety and the public interest require
adopting this AD as proposed. Accordingly, the FAA is issuing this AD
to address the unsafe condition on these products. This AD is adopted
as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Embraer Alert Service Bulletin SB505-55-A004,
Revision 06, dated March 25, 2020. This service information specifies
procedures for inspecting the mass-balance weights of the flight
control surfaces and their respective attachment parts for corrosion
and fragmentation, and performing corrective actions on certain serial-
numbered Model EMB-505 airplanes. Corrective actions include
installation of a stainless steel mass-balance, replacement of the
mass-balance, and replacement of attachment parts.
    The FAA also reviewed Embraer Service Bulletin SB505-55-0004,
Revision 01, dated June 24, 2020. This service information specifies
procedures, for certain airplanes, for cleaning and weighing the
elevator, aileron, and rudder mass-balances, and installing or
replacing the mass-balances (includes replacing attachment parts), as
applicable, and for certain elevator mass-balances for certain
airplanes, replacing those elevator mass-balances (includes replacing
attachment parts).
    Embraer has also issued Alert Service Bulletin SB505-55-A004,
Revision 5, dated December 12, 2019, which the Director of the Federal
Register approved for incorporation by reference as of July 1, 2020 (85
FR 36312, June 16, 2020).
    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.

Other Related Service Information

    Embraer has also issued Embraer Service Bulletin SB505-55-0004,
dated March 25, 2020. The actions specified in Embraer Service Bulletin
SB505-55-0004, dated March 25, 2020, are the same as those specified in
Embraer SB505-55-0004R01; however, Embraer SB505-55-0004R01 was issued
to add serial-numbered airplanes to the effectivity. No additional work
is required for airplanes on which Embraer Service Bulletin SB505-55-
0004, dated March 25, 2020, has been accomplished.

Differences Between This AD and the Service Information

    Embraer SB505-55-A004R5 and Embraer SB505-55-A004R06 contain
procedures for inspecting for the integrity of the mass-balance weights
of flight control surfaces and their attachment parts. This AD does not
include that requirement.

Costs of Compliance

    The FAA estimates that this AD affects 392 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                          Estimated Costs for Required Actions
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               Action                      Labor cost                 Parts cost                 Cost per product             Cost on U.S. operators
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Retained inspections from AD 2020-   9 work-hours x $85 per  $100........................  $865........................  $339,080.
 12[dash]08.                          hour = $765.
Retained ALS revision from AD 2020-  1 work hour x 85 per    $0..........................  $85.........................  $33,320.
 12-08.                               hour = $85.
New cleaning, weighing, and          Up to 130 work-hours x  Up to $18,118...............  Up to $29,168...............  Up to $11,433,856.
 replacement.                         $85 per hour = Up to
                                      $11,050.
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    The FAA estimates the following costs to do any necessary
installations or replacements that would be required based on the
results of the inspections and weighing. The FAA has no way of
determining the number of aircraft that might need these actions:

                                     Estimated Costs of On-Condition Actions
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              Action                    Labor cost                Parts cost               Cost per product
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Installation or replacement......  Up to 129 work-hours  Up to $18,118..............  Up to $29,083.
                                    x $85 per hour = Up
                                    to $10,965.
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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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2020-12-08, Amendment 39-21143 (85
FR 36312, June 16, 2020); and
0
b. Adding the following new airworthiness directive:

2022-05-12 Embraer S.A. (Type Certificate previously held by Empresa
Brasileira de Aeron[aacute]utica S.A.): Amendment 39-21964; Docket
No. FAA-2020-1073; Project Identifier MCAI-2020-01303-A.

(a) Effective Date

    This airworthiness directive (AD) is effective April 13, 2022.

(b) Affected ADs

    This AD replaces AD 2020-12-08, Amendment 39-21143 (85 FR 36312,
June 16, 2020) (AD 2020-12-08).

(c) Applicability

    This AD applies to Embraer S.A. (type certificate previously
held by Empresa Brasileira de Aeron[aacute]utica S.A.) Model EMB-505
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5520, Elevator
Structure; 5540, Rudder Structure; and 5751, Ailerons.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion in the mass-balance
weights of the flight control surfaces and a determination that new
airworthiness limitations are necessary. The FAA is issuing this AD
to address corrosion in the mass-balance weights of the flight
control surfaces. The unsafe condition, if not addressed, could
result in loss of mass or the detachment of the mass-balance
weights, resulting in an unbalanced control surface, which could
lead to flutter and loss of airplane control.

(f) Compliance

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

(g) Retained Compliance Times for the Actions Required by Paragraph (h)
of This AD, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2020-12-08, with no changes. For airplanes with a serial number
listed in Embraer Alert Service Bulletin SB505-55-A004, Revision 5,
dated December 12, 2019 (Embraer SB505-55-A004R5): At the applicable
compliance time specified in paragraph (g)(1), (2), or (3) of this
AD, accomplish the actions required by paragraph (h) of this AD.
    (1) For airplanes with a serial number listed in Group 1 of
Embraer SB505-55-A004R5: Within 3 calendar days or 5 hours time-in-
service (TIS), whichever occurs first, after July 1, 2020 (the
effective date of AD 2020-12-08).
    (2) For airplanes with a serial number listed in Group 3 of
Embraer SB505-55-A004R5: Within 30 calendar days or 50 hours TIS,
whichever occurs first, after July 1, 2020 (the effective date of AD
2020-12-08).
    (3) For airplanes with a serial number listed in Group 2 of
Embraer SB505-55-A004R5: Within 60 calendar days or 100 hours TIS,
whichever occurs first, after July 1, 2020 (the effective date of AD
2020-12-08).

(h) Retained Required Actions, Without Reporting Requirement

    This paragraph restates the requirements of paragraph (h) of AD
2020-12-08, without the requirement to report information to
Embraer. For airplanes with a serial number listed in Embraer SB505-
55-A004R5, at the applicable time specified in paragraph (g) of this
AD: Do the inspections identified in paragraphs (h)(1) through (6)
of this AD and, before further flight, install or replace the mass-
balance, as applicable, and replace the attachment parts, in
accordance with Parts I through VI and Part VIII, as applicable, of
the Accomplishment Instructions of Embraer SB505-55-A004R5; except,
where the service information tells you to submit information to
Embraer, this AD does not require that action.
    (1) Do an inspection of the elevator horn mass-balance weights
and attachment parts for corrosion and fragmentation, and weigh each
mass-balance.
    (2) Do an inspection of the elevator internal mass-balance
weights and attachment parts for corrosion and fragmentation, and
weigh each mass-balance. You must remove and weigh the mass-balance
weight even if there is no sign of corrosion or material
fragmentation.
    (3) Do an inspection of the elevator adjustable mass-balance
weights and attachment parts for corrosion and fragmentation, and
weigh each mass-balance.
    (4) Do an inspection of the aileron mass-balance weights and
attachment parts for corrosion and fragmentation, and weigh each
mass-balance. You must remove and weigh the mass-balance weight even
if there is no sign of corrosion or material fragmentation.
    (5) Do an inspection of the rudder adjustable mass-balance
weights and attachment parts for corrosion and fragmentation, and
weigh each mass-balance.
    (6) Do an inspection of the rudder internal mass-balance weights
and attachment parts for corrosion and fragmentation, and weigh each
mass-balance. You must remove and weigh the mass-balance weight even
if there is no sign of corrosion or material fragmentation.

(i) Retained Revision of the Airworthiness Limitations Section, With No
Changes

    This paragraph restates the requirements of paragraph (i) of AD
2020-12-08, with no changes. Within 10 days after July 1, 2020 (the
effective date of AD 2020-12-08), revise the airworthiness
limitations section (ALS) of the existing maintenance manual or
instructions for continued airworthiness to add the information in
table 1 to paragraph (i) of this AD and the initial compliance time
information in table 2 to paragraph (i) of this AD.
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR09MR22.000

[GRAPHIC] [TIFF OMITTED] TR09MR22.001

BILLING CODE 4910-13-C

(j) Retained Provision: No Alternative Actions or Intervals, With No
Changes

    This paragraph restates the requirements of paragraph (j) of AD
2020-12-08, with no changes. After the ALS has been revised as
required by paragraph (i) of this AD, no alternative inspection
intervals may be approved, except as provided in paragraph (p) of
this AD.

(k) New Definition

    For the purposes of this AD, ``since new'' is defined as since
the date of issuance of the original airworthiness certificate or
the original export certificate of airworthiness.

(l) New Elevator Mass-Balance Actions (Groups 1, 2, and 3)

    At the applicable compliance time specified in paragraph (l)(1),
(2), or (3) of this AD, clean, weigh, and, as applicable, install or
replace the elevator mass-balances; or replace the elevator mass-
balances; as applicable, in accordance with Part I of the
Accomplishment Instructions in Embraer Service Bulletin SB505-55-
0004, Revision 01, dated June 24, 2020 (Embraer SB505-55-0004R01).
Where steps (1)(d), (2)(d), and (3)(e) of Part I of the
Accomplishment Instructions in Embraer SB505-55-0004R01 reference
``criteria of the PART I,'' use the criteria in section 1.D. of
Embraer SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 or
Group 3 in paragraphs 1.A.(1)(a) and (c), respectively, of Embraer
SB505-55-0004R01: Within 12 months after the effective date of this
AD.
    (2) For airplanes with a serial number listed as Group 2 in
paragraph 1.A.(1)(b) of Embraer SB505-55-0004R01, which are not
included in the effectivity of Embraer SB505-55-A004R5 or Embraer
Alert Service Bulletin SB505-55-A004, Revision 06, dated March 25,
2020 (Embraer SB505-55-A004R06): At the applicable compliance time
specified in paragraph (l)(2)(i), (ii), (iii), (iv), (v), or (vi) of
this AD.
    (i) For airplanes with 12 or fewer months since new as of the
effective date of this AD: Within 18 months after the effective date
of this AD.
    (ii) For airplanes with more than 12 months but 24 or fewer
months since new as of the effective date of this AD: Within 12
months after the effective date of this AD.
    (iii) For airplanes with more than 24 months but 36 or fewer
months since new as of the effective date of this AD: Within 9
months after the effective date of this AD.
    (iv) For airplanes with more than 36 months but 48 or fewer
months since new as of the effective date of this AD: Within 7
months after the effective date of this AD.
    (v) For airplanes with more than 48 months but 60 or fewer
months since new as of the effective date of this AD: Within 6
months after the effective date of this AD.
    (vi) For airplanes with more than 60 months since new as of the
effective date of this AD: Within 5 months after the effective date
of this AD.
    (3) For airplanes with a serial number listed as Group 2 in
paragraph 1.A.(1)(b) of Embraer SB505-55-0004R01, which are included
in the effectivity of Embraer SB505-55-A004R5 or Embraer SB505-55-
A004R06: Before further flight.

(m) New Aileron Mass Balance Actions (Groups 1 and 2)

    At the applicable compliance time specified in paragraph (m)(1),
(2), or (3) of this AD, clean, weigh, and, as applicable, install or
replace the aileron mass-balance in accordance with Part II of the
Accomplishment Instructions in Embraer SB505-55-0004R01. Where steps
(1)(c) and (2)(c) of Part II of the Accomplishment Instructions in
Embraer SB505-55-0004R01 reference ``criteria of the PART II,'' use
the criteria in section 1.D. of Embraer SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 in
paragraph 1.A.(2)(a) of Embraer SB505-55-0004R01: Within 60 months
after the effective date of this AD.
    (2) For airplanes with a serial number listed as Group 2 in
paragraph 1.A.(2)(b) of Embraer SB505-55-0004R01, which are not
included in the effectivity of Embraer SB505-55-A004R5 or Embraer
SB505-55-A004R06: At the applicable compliance time specified in
paragraph (m)(2)(i) or (ii) of this AD.
    (i) For airplanes with 59 or fewer months since new as of the
effective date of this AD: Within 60 months since new.
    (ii) For airplanes with more than 59 months since new as of the
effective date of this AD: Within 120 months since new.
    (3) For airplanes with a serial number listed as Group 2 in
paragraph 1.A.(2)(b) of Embraer SB505-55-0004R01, which are included
in the effectivity of Embraer SB505-55-A004R5 or Embraer SB505-55-
A004R06: Before further flight.

(n) New Rudder Mass Balance Actions (Groups 1 and 2)

    At the applicable compliance time specified in paragraph (n)(1),
(2), or (3) of this AD, clean, weigh, and, as applicable, install or
replace the rudder mass-balances in accordance with Part III of the
Accomplishment Instructions in Embraer SB505-55-0004R01. Where steps
(1)(c) and (2)(c) of Part III of the Accomplishment Instructions in
Embraer SB505-55-0004R01 reference ``criteria of the PART III,'' use
the criteria in section 1.D. of Embraer SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 in
paragraph 1.A.(3)(a) of Embraer SB505-55-0004R01: At the applicable
compliance time specified in paragraph (n)(1)(i), (ii), or (iii) of
this AD.
    (i) For airplanes with 59 or fewer months since new as of the
effective date of this AD: Within 60 months since new.
    (ii) For airplanes with more than 59 months but 119 or fewer
months since new as of the effective date of this AD: Within 120
months since new.

    (iii) For airplanes with more than 119 months since new as of
the effective date of this AD: Within 6 months after the effective
date of this AD.
    (2) For airplanes with a serial number listed as Group 2 in
paragraph 1.A.(3)(b) of Embraer SB505-55-0004R01, which are not
included in the effectivity of Embraer SB505-55-A004R5 or Embraer
SB505-55-A004R06: At the applicable compliance time specified in
paragraph (n)(2)(i) or (ii) of this AD.
    (i) For airplanes with 59 or fewer months since new as of the
effective date of this AD: Within 60 months since new.
    (ii) For airplanes with more than 59 months since new as of the
effective date of this AD: Within 120 months since new.
    (3) For airplanes with a serial number listed as Group 2 in
paragraph 1.A.(3)(b) of Embraer SB505-55-0004R01, which are included
in the effectivity of Embraer SB505-55-A004R5 or Embraer SB505-55-
A004R06: Before further flight.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if you performed those actions before July
1, 2020 (the effective date of AD 2020-12-08) using the service
information specified in paragraphs (o)(1)(i), (ii), or (iii) of
this AD.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 2,
dated November 6, 2019.
    (ii) Embraer Alert Service Bulletin SB505-55-A004, Revision 3,
dated November 13, 2019.
    (iii) Embraer Alert Service Bulletin SB505-55-A004, Revision 4,
dated November 21, 2019.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if you performed those actions before the
effective date of this AD using Embraer SB505-55-A004R06.
    (3) This paragraph provides credit for the initial inspections
required by table 2 to paragraph (i) of this AD, if you performed
those actions before July 1, 2020 (the effective date of AD 2020-12-
08) using the service information specified in paragraphs (o)(3)(i),
(ii), or (iii) of this AD.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 2,
dated November 6, 2019.
    (ii) Embraer Alert Service Bulletin SB505-55-A004, Revision 3,
dated November 13, 2019.
    (iii) Embraer Alert Service Bulletin SB505-55-A004, Revision 4,
dated November 21, 2019.
    (4) This paragraph provides credit for the initial inspections
required by table 2 to paragraph (i) of this AD, if you performed
those actions before the effective date of this AD using Embraer
SB505-55-A004R5 or Embraer SB505-55-A004R06.
    (5) This paragraph provides credit for the actions required by
paragraphs (l), (m), and (n) of this AD, if you performed those
actions before the effective date of this AD using Embraer Service
Bulletin SB505-55-0004, dated March 25, 2020.

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, General Aviation & Rotorcraft Section,
International Validation 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
General Aviation & Rotorcraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (q)(1) of this AD and email 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) AMOCs approved for AD 2020-12-08 are approved as AMOCs for
the corresponding provisions of this AD.

(q) Related Information

    (1) For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2020-09-01, dated September 8, 2020, for related
information. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1073.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (r)(5) and (6) of this AD.

(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 13, 2022.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 06,
dated March 25, 2020.
    (ii) Embraer Service Bulletin SB505-55-0004, Revision 01, dated
June 24, 2020.
    (4) The following service information was approved for IBR on
July 1, 2020 (85 FR 36312, June 16, 2020).
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 5,
dated December 12, 2019.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170,
P.O. Box 36/2, S[atilde]o Jos[eacute] dos Campos, 12227-901, Brazil;
phone: +55 12 3927 1000; email: [email protected];
website: https://www.embraer.com.br/en-US/Pages/home.aspx.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-04918 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Page 66462]
[FR Doc No: 2012-26933]

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

Clean Air Act Advisory Committee; Notice of Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of charter renewal.

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    The charter for the U.S. Environmental Protection Agency's Clean
Air Act Advisory committee (CAAAC) will be renewed for an additional
two-year period, as a necessary committee which is in the public
interest, in accordance with the provisions of the Federal Advisory
Committee Act (FACA), 5 U.S.C. App.2. The purpose of CAAAC is to
provide advice and recommendations to the EPA Administrator on policy
issues associated with implementation of the Clean Air Act.
    It is determined that CAAAC is in the public interest in connection
with the performance of duties imposed on the Agency by law.
    Inquiries may be directed to Pat Childers, CAAAC Designated Federal
Officer, U.S. EPA, Mail Code 6102A, 1200 Pennsylvania Ave. NW.,
Washington DC 20460, or by email<EMAIL_ADDRESS>
    Dated: October 23, 2012.
Elizabeth A. Shaw,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2012-26933 Filed 11-2-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]
[Page 52433-52434]
[DOCID:fr09se08-144]

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

Release No. 34-58454]

Order Granting Application for Exemption Pursuant to Section
36(a) of the Exchange Act by the Philadelphia Stock Exchange, Inc. From
the Rule Filing Requirements of Section 19(b) of the Exchange Act With
Respect to Certain Rules Incorporated by Reference

September 3, 2008.

I. Introduction

    On June 27, 2007,\1\ the Philadelphia Stock Exchange, Inc., n/k/a
NASDAQ OMX PHLX, Inc., (``Phlx'' or the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') pursuant to Rule 0-
12 \2\ under the Securities Exchange Act of 1934 (``Exchange Act'') an
application for an exemption under Section 36(a)(1) of the Exchange Act
\3\ from the rule filing requirements of Section 19(b) of the Exchange
Act \4\ with respect to certain margin rules of other self-regulatory
organizations (``SROs'') that the Exchange seeks to incorporate by
reference.
---------------------------------------------------------------------------

    \1\ See Letter from Edith H. Hallahan, Esq., Senior Vice
President and Deputy General Counsel, Phlx, to Nancy M. Morris,
Secretary, Commission, dated June 26, 2007.
    \2\ 17 CFR 240.0-12.
    \3\ 15 U.S.C. 78mm(a)(1).
    \4\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

II. Application for Section 36 Exemption From Section 19(b) Rule Filing
Requirements for SRO Rules Incorporated by Reference

    On August 11, 2008, the Commission approved a proposed rule
change--SR-Phlx-2007-33--which, among other things, permits Phlx
members to elect to be bound by the margin rules of either the New York
Stock Exchange LLC (``NYSE'') or the Chicago Board Options Exchange,
Incorporated (``CBOE'').\5\ More specifically, Phlx amended its Rule
721 to state a member organization must elect to be bound by the
initial and maintenance margin requirements of either the NYSE or CBOE
as the same may be in effect and amended from time to time.\6\ Phlx
Rule 721 further states that upon the filing of such election, a Phlx
member shall be bound to comply with the margin rules of the NYSE or
CBOE, as applicable, as though said rules were part of Phlx's margin
rules. On June 26, 2007, Phlx submitted a formal request, pursuant to
Rule 0-12 under the Exchange Act,\7\ seeking an exemption under Section
36 of the Exchange Act from the rule filing procedures of Section 19(b)
of the Exchange Act with respect to changes to the margin rules of
either the NYSE or CBOE.\8\
---------------------------------------------------------------------------

    \5\ See Exchange Act Release 58340, 73 FR 48268 (August 18,
2008).
    \6\ Exchange Act Release No. 58340 (August 11, 2008); see also
Exchange Act Release No. 58045 (June 26, 2008), 73 FR 38487 (July 7,
2008) (SR-Phlx-2007-33).
    \7\ See 17 CFR 240.0-12.
    \8\ See Letter from Edith H. Hallahan, Esq., Senior Vice
President and Deputy General Counsel, Phlx, to Nancy M. Morris,
Secretary, Commission, dated June 26, 2007.
---------------------------------------------------------------------------

III. Order Granting Section 36 Exemption

    Section 36 of the Exchange Act \9\ authorizes the Commission to
conditionally or unconditionally exempt any person, security, or
transaction, or any class thereof, from any provision of the Exchange
Act or rule thereunder, if necessary or appropriate in the public
interest and consistent with the protection of investors. The
Commission believes that it is appropriate to issue exemptions, subject
to the conditions described below, to allow SROs to incorporate by
reference the rules of other SROs without being subject to the rule
filing requirements of Section 19(b) of the Exchange Act whenever the
SRO's rules that are incorporated by reference change. Such exemptions
promote efficient use of Commission and SRO resources by avoiding
duplicative rule filings based on simultaneous changes to identical
rule text sought by more than one SRO.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78mm.
---------------------------------------------------------------------------

    The Commission will consider granting requests for exemption,
pursuant to Section 36 of the Exchange Act, from the rule filing
requirements imposed by Section 19(b) of the Exchange Act, provided
that:\10\
---------------------------------------------------------------------------

    \10\ Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004).

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

    (1) An SRO wishing to incorporate rules of another SRO by reference
has submitted a written request for an order exempting it from the
requirement in Section 19(b) of the Exchange Act to file proposed rule
changes relating to the rules incorporated by reference, has identified
the applicable originating SROs, together with the rules it wants to
incorporate by reference, and otherwise has complied with the
procedural requirements set forth in the Commission's release governing
procedures for requesting exemptive orders pursuant to Rule 0-12 under
the Exchange Act;\11\
---------------------------------------------------------------------------

    \11\ See 17 CFR 240.0-12 and Exchange Act Release No. 39624
(February 5, 1998), 63 FR 8101 (February 18, 1998) (Commission
Procedures for Filing Applications for Orders for Exemptive Relief
Pursuant to Section 36 of the Exchange Act; Final Rule).
---------------------------------------------------------------------------

    (2) an incorporating SRO has requested incorporation of categories
of rules (rather than individual rules within a category) that are not
trading rules (e.g., the SRO has requested incorporation of rules such
as margin, suitability, arbitration); and
    (3) the incorporating SRO has reasonable procedures in place to
provide written notice to its members each time a change is proposed to
the incorporated rules of another SRO.
    The Commission believes that it is appropriate to issue an
exemption, subject to the conditions described above, to allow Phlx to
incorporate by reference the margin rules of the NYSE or CBOE (by
allowing its members to elect to be bound by the margin rules of either
the NYSE or CBOE), without being subject to the rule filing
requirements of Section 19(b) of the Exchange Act whenever the SRO's
margin rules that are incorporated by reference change. The Commission
believes that this exemption will promote more efficient use of
Commission and Phlx resources by avoiding duplicative rule filings
based on simultaneous changes to identical rule text sought by more
than one SRO. The Commission notes in granting this exemption, that
Phlx by incorporating by reference another SRO's margin rules would
agree to be governed by the incorporated rules, as amended from time to
time, but not be required to file a separate proposed rule change with
the Commission each time either the NYSE or CBOE seeks to modify its
margin rules.
    Phlx is requesting to incorporate by reference the whole category
of the NYSE and CBOE margin rules (i.e., did not ``cherry-pick''
certain individual rules within a category), which are regulatory rules
and not trading rules. The Commission also has previously approved the
incorporation by reference of the NYSE and CBOE margin rules for the
International Securities Exchange and the Boston Options Exchange.\12\
The Commission notes that the Exchange previously requested, and the
Commission granted, a request by Phlx to incorporate by reference, the
NASD Code of Arbitration Procedure, subject to certain conditions.\13\
Consistent with the conditions attendant to its prior exemptive
request, the Exchange has agreed to continue to provide written notice
to its members whenever the NYSE or CBOE proposes a change to its
margin rules.\14\ This procedure will provide Phlx members with notice
of a proposed rule change that affects their interests, so that they
would have the opportunity to comment on it.
---------------------------------------------------------------------------

    \12\ Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004).
    \13\ See Exchange Act Release No. 49260 (February 17, 2004), 69
FR 8500 (February 24, 2004).
    \14\ See supra note 1.
---------------------------------------------------------------------------

    For the reasons discussed above, the Commission finds that the
exemption is necessary or appropriate in the public interest, and is
consistent with the protection of investors.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\15\ that Phlx, with respect to the margin rules of the NYSE and
CBOE that Phlx proposes to incorporate by reference as specified above,
and subject to the conditions described above, shall be exempt from
rule filing requirements of Section 19(b) of the Exchange Act to the
extent that Section 19(b) would otherwise require submission of a
proposed rule change filing with the Commission.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-20809 Filed 9-8-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62704-62705]
[FR Doc No: 2014-24751]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0101]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated October 3, 2014, the Sonoma-Marin Area Rail Transit District
(SMART) petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR Part 236-Rules, Standards, and
Instructions Governing the Installation, Inspection, Maintenance, and
Repair of Signal and

Train Control Systems, Devices, and Appliances. FRA assigned the
petition Docket Number FRA-2014-0101.
    Specifically, SMART seeks temporary relief from the requirements of
49 CFR 236.0--Applicability, minimum requirements, and penalties.
    SMART proposes to perform acceptance testing of new diesel multiple
units (DMUs) at speeds of up to 79 miles per hour (MPH) on trackage
without a block signal system, as required in 49 CFR 236.0(c)(2).
    SMART is scheduled to receive its pilot two-car set of DMUs in
February 2015. However, SMART's Enhanced Automatic Train Control (E-
ATC) system is not scheduled to be commissioned until 2016. SMART seeks
permission to perform limited nonrevenue testing of its new fleet of
DMUs at a speed not to exceed 79 mph, solely on a remote 6.3-mile
segment of track, absent the installation of a block signal system.
SMART is seeking to perform testing under this temporary waiver until
its E-ATC system is fully commissioned.
    SMART has submitted a test plan with its petition that outlines the
safety procedures that are to be in place during the testing.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov.
     Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 4, 2014 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on October 14, 2014.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2014-24751 Filed 10-17-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95699-95703]
[FR Doc No: 2016-31302]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79640; File No. SR-NYSEMKT-2016-117]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To (1) Change How
Orders Would Be Processed When the Protected Best Bid (``PBB'') Is
Higher Than the Protected Best Offer (``PBO'') (The ``PBBO'') in
Certain Circumstances, and (2) Adopt a Limit Order Price Protection
Mechanism

December 21, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 12, 2016, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``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

    The Exchange proposes to (1) change how orders would be processed
when the protected best bid (``PBB'') is higher than the protected best
offer (``PBO'') (the ``PBBO'') in certain circumstances, and (2) adopt
a limit order price protection mechanism. The proposed rule change is
available on the Exchange's Web site at www.nyse.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 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to (1) change how orders would be processed
when the PBB is higher than the PBO in certain circumstances, and (2)
adopt a limit order price protection mechanism.

Processing of Orders When the PBBO Is Crossed (Rules 13--Equities, 70--
Equities, 76--Equities and 1000--Equities)

    Currently, when the PBB is priced higher than the PBO in a security
(i.e., the PBBO is crossed), buy and sell orders trade on the Exchange
without regard to price and without routing, consistent with the
exception to the Order Protection Rule enumerated in Rule 611(b)(4) of
Regulation NMS (``Rule 611(b)(4)'').\4\ In certain circumstances as
described herein, the Exchange proposes to no longer avail itself of
this exception to the Order Protection Rule.\5\ In those circumstances,
rather than trading through a protected quotation when the PBBO is
crossed, routable orders may instead be routed to protected quotations.
In order to implement this change, the Exchange proposes to amend the
following rules:
---------------------------------------------------------------------------

    \4\ 17 CFR 242.611(b)(4). See also Rule 15A--Equities (Order
Protection Rule).
    \5\ For example, assume if the Exchange has a displayed bid of
$10.00 and another market crosses that bid with a protected offer of
$9.99. Currently, if the Exchange receives a marketable order to
buy, it will trade on the Exchange at prices higher than $9.99. Once
the Exchange no longer avails itself of the exception in Rule
611(b)(4), unless otherwise specified in Exchange rules as described
in this proposed rule change, arriving routable interest to buy that
is marketable on the Exchange would instead first route to that
protected offer.
---------------------------------------------------------------------------

Rule 13--Equities

Market Order

    Rule 13(a)(1)--Equities provides that a Market Order that is
eligible for automatic executions is an unpriced order to buy or sell a
stated amount of a security that is to be traded at the best price
obtainable without trading through the NBBO. Rule 13(a)(1)(B)(i)--
Equities provides that when the Exchange is open for continuous
trading, a Market Order will be rejected on arrival, or cancelled if
resting, if there is no contra-side NBBO or if the best protected
quotations are or become crossed.
    The Exchange proposes to no longer reject or cancel Market Orders
when the PBBO is crossed. To effectuate this change, the Exchange
proposes to delete the phrase ``or if the best protected quotations are
or become crossed'' in Rule 13(a)(1)(B)(i)--Equities. As a result of
this proposed change, if a Market Order arrives when the PBBO is
crossed, the Exchange would process the Market Order in the same way as
when the NBBO is crossed under the current rule.\6\
---------------------------------------------------------------------------

    \6\ See Rule 13(a)(1)(B)(ii)--Equities.
---------------------------------------------------------------------------

Routing to Protected Quotations

    The Exchange proposes to amend the Rule 13--Equities to specify
circumstances when the Exchange would make order handling decisions
based on a protected quotation. The Exchange proposes to make these
changes because, in the circumstances described below, the Exchange
would no longer avail itself of the exception to the Order Protection
Rule specified in Rule 611(b)(4), and therefore the Exchange would
include protected

quotations for order handling purposes even when the PBBO is crossed.
    First, the Exchange proposes to amend the definition of Exchange
IOC Order to reflect that, when the PBBO is crossed, the Exchange would
route such orders to other markets if an execution on the Exchange
would trade through a protected quotation in compliance with Regulation
NMS. Rule 13(b)(2)(B)--Equities defines an Exchange IOC Order as a
Limit Order designated Immediate or Cancel (``IOC'') that will be
automatically executed against the displayed quotation up to its full
size and sweep the Exchange book, as provided in Rule 1000 to the
extent possible, with portions of the order routed to other markets if
necessary in compliance with Regulation NMS and the portion not so
executed will be immediately and automatically cancelled. As such,
currently an Exchange IOC Order is only routed to a protected quotation
unless the exception in Rule 611(b)(4) applies. Because the Exchange
proposes to route an Exchange IOC Order to other markets if an
execution on the Exchange would trade through a protected quotation,
i.e., in circumstances when the PBBO is crossed, the Exchange would
revise the rule text to read ``with portions of the order routed to
other markets if an execution would trade through a protected
quotation, in compliance with Regulation NMS. The portion of the order
not so executed will be immediately and automatically cancelled.''
    Second, the Exchange proposes to amend the definition of ``best-
priced sell interest'' and ``best-priced buy interest,'' which are
terms used for purposes of determining where to display and rank a
Limit Order designated with an Add Liquidity Only (``ALO'') Modifier.
Supplementary Material .10 of Rule 13--Equities provides that, for
purposes of the Rule, the term ``best-priced sell interest'' refers to
the lowest priced sell interest against which incoming buy interest
would be required to execute with and/or route to, including Exchange
displayed offers, Non-Display Reserve Orders, Non- Display Reserve e-
Quotes, odd-lot sized sell interest, unexecuted Market Orders, and
protected offers on away markets and that the term ``best-priced buy
interest'' refers to the highest priced buy interest against which
incoming sell interest would be required to execute with and/or route
to, including Exchange displayed bids, Non-Display Reserve Orders, Non-
Display Reserve e-Quotes, odd-lot sized buy interest, unexecuted Market
Orders, and protected bids on away markets, but does not include non-
displayed buy interest that is priced based on the PBBO.\7\
---------------------------------------------------------------------------

    \7\ The Exchange also proposes a non-substantive change to add a
colon after Supplementary Material in the heading.
---------------------------------------------------------------------------

    Because the Exchange currently avails itself of the exception in
Rule 611(b)(4) when the PBBO is crossed, the Exchange does not include
protected bids or offers in the determination of ``best-priced sell
interest'' or ``best-priced buy interest.'' With the proposed change,
in the circumstances when the Exchange no longer avails itself of this
exception, the Exchange would consider all protected quotations,
including when the PBBO is crossed. To reflect this change, the
Exchange proposes the following amendments to Supplementary Material
.10 to Rule 13--Equities.\8\
---------------------------------------------------------------------------

    \8\ Since the terms defined in Supplementary Material .10 are
only used for Limit Orders designated ALO, the Exchange proposes to
replace ``this Rule'' after ``For purposes of'' with ``displaying
and ranking a Limit Order with an Add Liquidity Only (ALO)
modifier''.
---------------------------------------------------------------------------

     In the first clause defining ``best-priced sell
interest,'' the Exchange proposes to delete ``with and/or route to''
after ``execute,'' add the word ``and'' before ``unexecuted Market
Orders'' and add the phrase ``the lowest-priced'' before ``protected
offers on away markets.'' The proposed change would clarify that best-
priced sell interest can mean either the lowest-priced sell interest
against which incoming buy interest would execute with on the Exchange
or the lowest-priced protected offer, which can be a protected offer on
an away market.
     In the second clause defining ``best-priced buy
interest,'' the Exchange would delete ``with and/or route'' after
``execute,'' add the word ``and'' before ``unexecuted Market Orders,''
and add ``the highest-priced'' before ``protected bids on away
markets.'' The proposed change would clarify that best-priced buy
interest can mean either the lowest-priced buy interest against which
incoming sell interest would execute with on the Exchange or the
lowest-priced protected bid, which can be a protected bid on an away
market.

Pegging Interest

    Rule 13(f)(1)--Equities defines pegging interest and provides that
pegging interest pegs to prices based on (i) a PBBO, which may be
available on the Exchange or an away market, or (ii) interest that
establishes a price on the Exchange. If the PBBO is not within the
specified price range of the pegging interest, the pegging interest
will instead peg to the next available best-priced displayable interest
that is within the specified price range, which may be on the Exchange
or the protected bid or offer of another market.\9\ Rule
13(f)(1)(B)(i)--Equities further provides that pegging interest to buy
(sell) will not peg to a price that is locking or crossing the Exchange
best offer (bid), but instead will peg to the next available best-
priced displayable interest that would not lock or cross the Exchange
best offer (bid).
---------------------------------------------------------------------------

    \9\ See Rule 13(f)(1)(A)(iv)(a) & (f)(1)(A)(iii)--Equities.
---------------------------------------------------------------------------

    To avoid routing pegging interest when the PBBO is locked or
crossed, the Exchange proposes to specify that the Exchange would not
peg to a locking or crossing PBBO and would instead peg to the next-
available best-priced displayable interest that would not lock or cross
either the Exchange's BBO or the PBBO. To effect this change, the
Exchange proposes to amend Rule 13(f)(1)(B)(i)--Equities to provide
that pegging interest to buy (sell) will not peg to the PBB (PBO) if
the PBBO is locked or crossed or to a price that is locking or crossing
the Exchange best offer (bid), but instead would peg to the next
available best-priced displayable interest that would not lock or cross
the Exchange best offer (bid) or the PBO (PBB).

Rule 70--Equities

    Rule 70--Equities governs the execution of Floor broker interest,
including g-Quotes. G-Quotes are an electronic method for Floor brokers
to represent orders that yield priority, parity and precedence based on
size to displayed and non-displayed orders on the Exchange's book, in
compliance with Section 11(a)(1)(G) of the Act (the ``G Rule'').\10\
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    \10\ Section 11(a)(1) of the Act, 15 U.S.C. 78k(a)(1), generally
prohibits a member of a national securities exchange from effecting
transactions on that exchange for its own account, the account of an
associated person, or any account over which it or an associated
person exercises discretion. Subsection (G) of Section 11(a)(1)
provides an exemption from this prohibition, allowing an exchange
member to have its own floor broker execute a proprietary order,
also known as a ``G order,'' provided such order yields priority,
parity, and precedence. Under the G Rule, G orders are not required
to yield to other orders that are for the account of a member, e.g.,
Designated Market Maker (``DMM'') interest or other g-Quotes.
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    Because the proposed change to how the Exchange would operate when
the PBBO is crossed would result in routable orders being routed to a
crossed PBBO, the Exchange proposes to revise the behavior of g-Quotes
to limit the circumstances when such orders would route. While the G
Rule only requires G orders to yield to orders on the Exchange, the
Exchange does not believe that a G order should trade on

another market before resting displayed interest on the Exchange trades
and to which, absent routing of the G order, would be yielded priority
by the G order under the G Rule. Accordingly, the Exchange proposes to
restrict a g-Quote from routing to a protected quotation ahead of
displayed orders on the Exchange at the same price. To effect this
change, the Exchange proposes to add a new subsection (iii) to Rule
70(a)--Equities that would provide that a g-Quote to buy (sell) that
would be required to route on arrival would be cancelled when there is
resting displayable interest that is not a g-Quote or DMM interest to
buy (sell) at the same or higher (lower) price as the g-Quote.
    Further, the Exchange proposes to amend subsection (a)(ii) of
Supplementary Material .25 to Rule 70--Equities to specify that
discretionary instructions for Floor broker d-Quotes\11\ are
unavailable when the PBBO is crossed. To effectuate this change, the
Exchange proposes to delete the phrase ``at all times'' following
``Discretionary instructions are active'' and add the phrase ``unless
the PBBO is crossed'' following ``during the trading day.'' \12\
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    \11\ D-Quotes enable Floor brokers to enter discretionary
instructions as to the price at which the d-Quote may trade and the
number of shares to which the discretionary price instructions
apply.
    \12\ The Exchange also proposes to add ``reopening'' after ``at
the opening'' and before ``and closing transactions'' in Rule
70.25(a)(ii)--Equities.
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Rule 76--Equities

    Rule 76--Equities governs the execution of manual ``cross'' or
``crossing'' orders by Floor brokers on the Exchange trading Floor.
Supplementary Material .10 of Rule 76--Equities permits Floor Brokers
to enter a cross transaction into their hand held device (``HHD'') and
describes the operation by the Exchange of a quote minder function that
monitors protected bids and offers to determine when the limit price
assigned to the proposed crossed transaction is such that the orders
may be executed consistent with Regulation NMS Rule 611.
    The Exchange proposes to amend Supplementary Material .10 of Rule
76--Equities to specify that quote minder would be unavailable to Floor
brokers when the PBBO is crossed by adding the sentence ``Quote minder
will not monitor protected bids and offers when the PBBO is crossed''
to the end of the Rule. The proposed change to Rule 76.10--Equities is
consistent with the proposed change, described above, that the Exchange
would route orders even if the PBBO is crossed. Because Rule 76--
Equities governs crossing orders at a single price on the Exchange, the
Exchange believes this proposed change makes clear that the Exchange
would not permit a crossing order to be executed when the PBBO is
crossed.

Rule 1000--Equities

    Rule 1000--Equities provides for automatic executions by Exchange
systems. The Exchange proposes to add new Supplementary Material .10 to
specify how DMM interest would be processed when the PBBO is crossed
and there is same side resting displayable interest that is locking or
crossing the contra-side PBBO. Similar to the proposed amendment
described above relating to g-Quotes, the Exchange does not believe
that DMM interest should have an opportunity to trade on another market
ahead of displayed orders on the Exchange.
    To effect this change, the proposed amendment would provide that
DMM interest that would be required to route on arrival would be
cancelled when there is same side resting displayable buy (sell)
interest (that is not a g-Quote or DMM interest to buy (sell)) that is
locking or crossing the PBO (PBB). Similarly, the Exchange proposes to
specify that certain DMM interest that would increase the displayed
quantity of the similarly-entered resting DMM interest would be
rejected when the resting DMM interest is locked or crossed by a
protected away quote.\13\
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    \13\ See Rule 104(b)--Equities &1000--Equities.
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Limit Order Price Protection (Rules 13--Equities and 1000--Equities)

    The Exchange proposes to amend Rule 13--Equities to introduce limit
order price protection, which would result in Limit Orders with prices
too far away from the prevailing quote to be rejected on arrival. The
proposed rule is based on NYSE Arca Equities, Inc, (``NYSE Arca
Equities'') Rule 7.31(a)(2)(B).
    As proposed, the Exchange would reject limit orders that are priced
a specified percentage away from the contra side national best bid
(``NBB'') or national best offer (``NBO''), as defined in Rule
600(b)(42) of Regulation NMS. As the Exchange receives limit orders,
Exchange systems will check the price of the limit order against the
contra-side NBB or NBO at the time of the order entry to determine
whether the limit order is within the specified percentage. As
proposed, the specified percentage would be equal to the corresponding
``numerical guideline'' percentages set forth in paragraph (c)(1) of
Rule 1000--Equities (Automatic Executions) that are used to calculate
Trading Collars.\14\
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    \14\ The NYSE Arca Equities limit order price protection
mechanism uses the ``numerical guideline'' percentage set forth in
Rule 7.10(c)(1) (Clearly Erroneous Executions) for its Core Trading
Session. See NYSE Arca Equities Rule 7.31(a)(2)(B). The Exchange's
proposal would use the same numerical guidelines, but rather than
cross referencing another rule, the Exchange proposes to enumerate
the specified percentages in proposed Rule 13(a)(2)(A).
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    Proposed Rule 13(a)(2)(A)--Equities would provide that a Limit
Order to buy (sell) would be rejected if it is priced at or above
(below) a specified percentage away from the NBO (NBB). Proposed Rule
13(a)(2)(A)(i)--Equities would further provide if the NBB or the NBO is
greater than $0.00 up to and including $25.00, the specified percentage
would be 10%; if the NBB or NBO is greater than $25.00 up to and
including $50.00, the specified percentage would be 5%; and if the NBB
or NBO is greater than $50.00, the specified percentage would be 3%.
For example, if the NBB is $26.00, a sell order priced at or below
$24.70, which is 5% below the NBB, would be rejected. Likewise, if the
NBO is $55.00, a buy order priced at or above $56.65, which is 3% above
the NBO, would be rejected.
    Proposed Rule 13(a)(2)(A)(i)--Equities would further provide that
if the NBBO is crossed, the Exchange would use the Exchange Best Offer
(``BO'') instead of the NBO for buy orders and the Exchange Best Bid
(``BB'') instead of the NBB for sell orders. The proposed Rule would
further provide that if the NBBO is crossed and there is no BO (BB),
Limit Order Price Protection will not be applied to an incoming Limit
Order to buy (sell). Further, proposed Rule 13(a)(2)(A)(i)--Equities
would provide, like current NYSE Arca Rule 7.31(a)(2)(B), that Limit
Order Price Protection will not be applied to an incoming Limit Order
to buy (sell) if there is no NBO (NBB). Further, if the specified
percentage for both buy and sell orders are not in the minimum price
variation (``MPV'') for the security, as defined in Supplemental
Material .10 to Rule 62--Equities, they would be rounded down to the
nearest price at the applicable MPV. This proposed rule text is based
on current Rule 1000(c)(1)--Equities, governing Trading Collars.
    Proposed Rule 13(a)(2)(A)(ii)--Equities would provide that Limit
Order Price Protection would be applicable only when automatic
executions are in effect. This rule would further provide that Limit
Order Price Protection would not be applicable (a) before a security
opens for trading or during a halt or pause; (b) during a trading
suspension; (c) to incoming Auction-Only Orders;

and (d) to high-priced securities, as defined in Rule 1000(a)(iii)--
Equities.
    Finally, in connection with the introduction of the proposed Limit
Order Price Protection mechanism, the Exchange proposes to amend Rule
1000(c)--Equities and (c)(ii)--Equities to delete references to
marketable limit orders. Accordingly, Trading Collars specified in Rule
1000(c)--Equities would be applicable to Market Orders only, and
pricing protections in proposed Rule 13(a)(2)(A)--Equities would be
applicable to Limit Orders.
    The Exchange believes that the Limit Order Protection mechanism
would prevent the entry of supermarketable limit orders, i.e., limit
orders that in essence act like market orders because they are priced
so far away from the prevailing market price, that could cause
significant price dislocation in the market. The Exchange also believes
that the mechanism would further serve to mitigate the potential for
clearly erroneous executions to occur. The Exchange believes that the
proposed treatment of limit orders serves as an additional safeguard
that could help limit potential harm from extreme price volatility by
preventing executions that could occur at a price significantly away
from the contra side national best bid or national best offer.
* * * * *
    Because of the technology changes associated with this rule
proposal, the Exchange will announce the implementation date in a
Trader Update. The Exchange currently anticipates implementing the
proposed changes no later than March 31, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\15\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\16\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest.
Specifically, while the Exchange is entitled to avail itself of the
exception to Rule 611(b)(4) to the Order Protection Rule, the Exchange
believes that trading or routing based on the PBBO, even when it is
crossed, may result in additional order execution opportunities to
trade at prevailing prices in the market. Accordingly, as a general
matter, taking into consideration all protected quotations for purposes
of the price at which to trade or route an order on the Exchange, even
when the PBBO is crossed, would remove impediments to and perfect the
mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed changes to modify current
order behavior that is based on Rule 611(b)(4) would remove impediments
to and perfect the mechanism of a free and open market and a national
market system because they are designed to reflect changes to how such
orders would be processed when the PBBO is crossed in a manner
consistent with the original intent of such orders.
     The Exchange believes the proposed amendment to Rule 13--
Equities governing Market Orders would remove impediments to and
perfect the mechanism of a free and open market and a national market
system because it would promote transparency that a Market Order would
be accepted when the PBBO is crossed, and thus may route when the PBBO
is crossed.
     The Exchange believes the proposed amendments to Rule 13--
Equities definition of an Exchange IOC Order clarifying that the
Exchange would route to a protected quotation when the PBBO is crossed
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it would provide
specificity regarding the reason why an order may be routed, thereby
promoting transparency in Exchange rules. The Exchange further believes
that specifying that Supplementary Material .10 relates to the
displaying and ranking of Limit Orders designated ALO would remove
impediments to and perfect the mechanism of a free and open market and
a national market system by adding clarity and transparency to the
Exchange's rules.
     The proposed amendments to Rules 70--Equities and 1000--
Equities to cancel g-Quotes that would otherwise be required to route
to away markets ahead of resting displayable interest and reject DMM
interest that would increase the displayed quantity of similarly-
entered resting DMM interest when that resting interest is locked or
crossed by a protected away quote would remove impediments to and
perfect the mechanism of a free and open market and a national market
system and protect investors and the public because it would provide
priority to previously-displayed orders not only for execution
opportunities on the Exchange, but also on other markets.
     The proposed amendment to Rule 76--Equities relating to
crossing orders would remove impediments to and perfect the mechanism
of a free and open market and a national market system because it would
provide transparency that crossing orders, which are designed to trade
on the Exchange as a single-priced transaction, would not be eligible
to trade if the PBBO is crossed.
    The Exchange believes that the proposed Limit Order Protection
mechanism would remove impediments to and perfect the mechanism of a
free and open market and a national market system by rejecting orders
that are priced too far away from the prevailing market. The Exchange
believes that the proposed rule would ensure that limit orders would
not cause the price of a security to move beyond prices that could
otherwise be determined to be a clearly erroneous execution, thereby
protecting investors from receiving executions away from the prevailing
prices at any given time.
    Finally, the Exchange's proposal to make non-substantive changes to
the text of Supplementary Material .10 of Rule 13--Equities and to Rule
70.25(a)--Equities adds clarity and transparency to Exchange rules and
reduces potential investor confusion, which would remove impediments to
and perfect the mechanism of a free and open market and a national
market system.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change would
not impose any burden on competition because it would align how the
Exchange operates when the PBBO is crossed with how other equity
exchanges function when the PBBO is crossed. Moreover, the proposed
rule changes would specify how orders would be processed when the PBBO
is crossed, thereby promoting transparency and efficiency to the
benefit of all market participants, and the adoption of a limit order
protection mechanism that is based on the rules of another exchange.
The Exchange believes that the proposed rule change will serve to
promote regulatory clarity and consistency, thereby reducing burdens on
competition in the marketplace and facilitating investor protection.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

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

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 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-NYSEMKT-2016-117 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-NYSEMKT-2016-117. 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 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; 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-NYSEMKT-2016-117 and should
be submitted on or before January 18, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31302 Filed 12-27-16; 8:45 am]
 BILLING CODE 8011-01-P