[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Rules and Regulations]
[Pages 69761-69763]
[FR Doc No: 2014-27828]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0980]
RIN 1625-AA00

Safety Zone; Salvage Operations, Lake Michigan, Navy Pier,
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan north of Navy Pier, Chicago, IL. This safety zone is
intended to restrict vessels from a designated portion of Lake Michigan
for salvage operations of a sunken barge. This temporary safety zone is
necessary to protect the surrounding public and vessels from the
hazards associated with salvage operations.

DATES: This rule is effective without actual notice from November 24,
2014 until December 5, 2014. For the purposes of enforcement, actual
notice will be used from November 4, 2014, until November 24, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0980. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact or email MST2 Stacy Smith, U.S. Coast Guard Marine Safety Unit
Chicago, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Specifically, this
safety zone is needed for salvage operations of a barge that
unexpectedly sank on Lake Michigan on October 31, 2014. Thus, delaying
the effective date of this rule to wait for a comment period to run
would be both impracticable and contrary to the public interest because
it would inhibit the Coast Guard's ability to protect the public and
vessels from the hazards associated with the salvage operations
discussed below.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    From November 4, through December 5, 2014, salvage operations will
take place on Lake Michigan in response to a sunken barge north of Navy
Pier, within the Chicago Harbor. The Captain of the Port Lake Michigan
has determined that the salvage operations will pose a significant risk
to public safety and property. This safety zone is necessary to protect
emergency responders and transiting mariners from associated hazards,
which include vessel collisions in a congested harbor.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of vessels during salvage operations on
Lake Michigan. This safety zone will be in effect from November 4,
through December 5, 2014. It will be enforced intermittently on an as-
needed basis during this time. Additionally, advanced notice of
enforcement times will be provided through Broadcast Notice to
Mariners. This zone will encompass all waters of Lake Michigan within
the arc of a circle with a 500-foot radius, with its center located on
the north side of Navy Pier, approximate position 41[deg]53'33'' N,
087[deg]36'07'' W; (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced on an as needed basis for about a month.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. This
rule will affect the following entities, some of which might be small
entities: The owners or operators of vessels intending to transit Lake
Michigan, within the Chicago Harbor, in the vicinity north of Navy
Pier, from November 4, through December 5, 2014.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0980 to read as follows:

Sec.  165.T09-0980  Safety Zone; Salvage Operations, Lake Michigan,
Navy Pier, Chicago, IL.

    (a) Location. All waters of Lake Michigan within the arc of a
circle with a 500-foot radius, with its center located on the north
side of Navy Pier, approximate position 41[deg]53'33'' N,
087[deg]36'07'' W; (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective
without actual notice from November 24, 2014 until December 5, 2014.
For the purposes of enforcement, actual notice will be used from
November 4, 2014, until November 24, 2014. This rule will be enforced
intermittently on an as-needed basis.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or her on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan or an on-scene representative.

    Dated: November 4, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-27828 Filed 11-21-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Page 24193]
[FR Doc No: 2013-09613]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
joint stakeholder meeting related to the transmission planning
activities of PJM Interconnection, L.L.C. (PJM), Independent System
Operator New England, Inc. (ISO-NE), and New York Independent System
Operator, Inc. (NYISO):

Inter-Regional Planning Stakeholder Advisory Committee--New York/New
England

April 24, 2013, 8:00 a.m.--10:00 a.m., Local Time

    The above-referenced meeting will be held over conference call.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at www.pjm.com/committees-and-groups/stakeholder-meetings/stakeholder-groups/ipsac-ny-ne.aspx.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. ER08-1281, New York Independent System Operator, Inc.
Docket No. EL05-121, PJM Interconnection, L.L.C.
Docket No. EL10-52, Central Transmission, LLC v. PJM Interconnection,
L.L.C.
Docket No. ER10-253 and EL10-14, Primary Power, L.L.C.
Docket No. EL12-69, Primary Power LLC v. PJM Interconnection, L.L.C.
Docket No. ER11-1844, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1178, PJM Interconnection, L.L.C.
Docket No. ER13-90, Public Service Electric and Gas Company and PJM
Interconnection, L.L.C.
Docket No. ER13-102-000, New York Independent System Operator, Inc.
Docket No. ER13-193-000, ISO New England Inc.
Docket No. ER13-195, Indicated PJM Transmission Owners
Docket No. ER13-196-000, ISO New England Inc.
Docket No. ER13-198, PJM Interconnection, L.L.C.
Docket No. ER13-397, PJM Interconnection, L.L.C.
Docket No. ER13-673, PJM Interconnection, L.L.C.
Docket No. ER13-703, PJM Interconnection, L.L.C.
Docket No. ER13-887, PJM Interconnection, L.L.C.
Docket No. ER13-1052, PJM Interconnection, L.L.C. and the Midwest
Independent Transmission System Operator, Inc.
Docket No. ER13-1054, PJM Interconnection, L.L.C. and the Midwest
Independent Transmission System Operator, Inc.

    For more information, contact Jonathan Fernandez, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (202) 502-
6604 or<EMAIL_ADDRESS>
    Dated: April 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-09613 Filed 4-23-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46382-46385]
[FR Doc No: 2017-19041]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9183; Product Identifier 2016-NM-059-AD; Amendment
39-19029; AD 2017-18-20]
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 The
Boeing Company Model 707 airplanes equipped with a main cargo door
(MCD). This AD was prompted by analysis of the cam support assemblies
of the MCD that indicated the repetitive high frequency eddy current
(HFEC) inspections required by the existing maintenance program are not
adequate to detect cracks before two adjacent cam support assemblies of
the MCD could fail. This AD requires repetitive ultrasonic inspections
for cracking of the cam support assemblies of the MCD, and replacement
if necessary. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective November 9, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 9,
2017.

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, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9183.

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-2016-
9183; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Chandra Ramdoss, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email<EMAIL_ADDRESS>
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 all The Boeing Company
Model 707 airplanes. The NPRM published in the Federal Register on
October 4, 2016 (81 FR 68376) (``the NPRM''). The NPRM was prompted by
analysis of the cam support assemblies of the MCD that indicated the
repetitive HFEC inspections required by the existing maintenance
program are not adequate to detect cracks before two adjacent cam
support assemblies of the MCD could fail. The NPRM proposed to require
repetitive ultrasonic inspections for cracking of the cam support
assemblies of the MCD, and replacement if necessary. We are issuing
this AD to detect and correct cracking of the cam support assemblies of
the MCD. Such cracking could result in reduced structural integrity of
the MCD and consequent rapid decompression 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.
Request To Revise Applicability
    Boeing stated that Boeing 707 Alert Service Bulletin A3542, dated
February 12, 2016, affects only Boeing factory and Boeing-converted
freighters, but the proposed AD extends the applicability to all Model
707 airplanes, including the ones that have been converted by non-
Boeing supplemental type certificates (STCs).
    We infer the commenter is requesting that the actions of the
service information only be required for Model 707 airplanes identified
in the Effectivity paragraph of Boeing 707 Alert Service Bulletin
A3542, dated February 12, 2016. We agree that the applicability of the
proposed AD should not include Model 707 airplanes that do not have an
MCD. However, we disagree that the AD applicability should be limited
to the airplanes identified in the Effectivity paragraph of Boeing 707
Alert Service Bulletin A3542, dated February 12, 2016, which only
identifies Boeing factory and Boeing-converted freighters. The cam
support assemblies having the affected part number could be installed
at original aircraft manufacture, or during passenger-to-freighter
modification. We expect that the actions specified in Boeing 707 Alert
Service Bulletin A3542, dated February 12, 2016, can be accomplished on
airplanes that are not identified in that service information. However,
if an operator with a Model 707 freighter that is not a part of Boeing
type design cannot accomplish the required actions in the service
information, or prefers to use different service information that is
specific to their design, approval of an alternative method of
compliance (AMOC) can be requested in accordance with paragraph (j) of
this AD. We revised this AD to limit the applicability to Model 707
airplanes equipped with an MCD.
Request To Supersede AD 80-08-10 R1, Amendment 39-3830 (45 FR 46343,
July 10, 1980) (``AD 80-08-10 R1'')
    Boeing requested that we revise the NPRM to supersede AD 80-08-10
R1. Boeing stated that AD 80-08-10 R1 mandates HFEC inspections of MCD
cam support assemblies having part numbers (P/Ns) 69-23588-1 and 69-
23588-2, as specified in Boeing Service Bulletin 707-A3387. Boeing
explained that the NPRM is adding cam support assemblies having P/Ns
69-23588-1 and 69-23588-2 to the list in Boeing 707 Alert Service
Bulletin A3542, dated February 12, 2016. Boeing asserted that the
addition of these components to the list of affected parts would mean
that the operators have to perform HFEC inspections of cam support
assemblies having P/Ns 69-23588-1 and 69-23588-2, as specified in AD
80-08-10 R1, and perform ultrasonic inspections of the same components,
as specified in the proposed AD. Boeing explained that

cracking initiates at the bottom of the lubrication hole on the inside
of the cam support fitting lug and is not visible until it breaks to
the surface of the lug. The subsurface detection capability of the
ultrasonic inspection provides a more reliable inspection.
    We partially agree with Boeing's request to supersede the
inspections which are still required per AD 80-08-10 Rl. These
inspections will overlap with the newly mandated repetitive
inspections. We disagree with the request to revise this AD to
supersede AD 80-08-10 Rl. Instead, we have added language to paragraph
(i) of this AD to state that accomplishing the initial inspection and
all applicable replacements required by paragraph (h) of this AD on an
airplane terminates the requirements of AD 80-08-10 R1, for that
airplane only.
Request To Revise Compliance Time
    Boeing requested that we revise the compliance time in paragraph
(g)(l) of the proposed AD from ``before the accumulation of 18,000
total flight cycles'' to ``before the accumulation of 18,000 door
flight cycles, or within 10 years after the utilization of MCD cam
support assemblies, whichever occurs first. If the door flight cycles
are not known, use total airplane flight cycles.'' Boeing explained
that this change would provide relief for the operators that use
converted freighters by delaying the required inspection for the MCDs
that have been in service less than 18,000 total door flight cycles,
but are installed on the airplanes that have more than 18,000 total
airframe flight cycles. Boeing also stated that the 10-year time limit
is included in Boeing 707 Alert Service Bulletin A3542, dated February
12, 2016, to address the low utilization rate of Model 707/720
airplanes.
    We agree with Boeing's request. For the airplanes that have been
converted to freighters, the compliance time for the initial inspection
should be based on the number of cycles the MCD cam support assembly
has been in service. We have revised paragraph (g)(l) of this AD
accordingly. In addition, we have revised paragraph (h) of this AD to
refer to the compliance times specified in paragraphs (g)(1) and (g)(2)
of this AD instead of referring to Boeing 707 Alert Service Bulletin
A3542, dated February 12, 2016. We have also removed the exception to
the service information that was in paragraph (i) of the proposed AD.

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 correcting 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 707 Alert Service Bulletin A3542, dated February
12, 2016. The service information describes procedures for an
ultrasonic inspection of the cam support assemblies of the MCD for
cracking, and replacement if necessary. 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 will affect 12 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......................  6 work-hours x $85               $0   $510 per inspection  $22,950 per
                                   per hour = $510                       cycle.               inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need this
replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  60 work-hours x $85 per hour =          $14,107          $19,207
                                                $5,100.
----------------------------------------------------------------------------------------------------------------

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 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):

2017-18-20 The Boeing Company: Amendment 39-19029; Docket No. FAA-
2016-9183; Product Identifier 2016-NM-059-AD.

(a) Effective Date

    This AD is effective November 9, 2017.

(b) Affected ADs

    This AD affects AD 80-08-10 R1, Amendment 39-3830 (45 FR 46343,
July 10, 1980).

(c) Applicability

    This AD applies to The Boeing Company Model 707-100 Long Body, -
200, -100B Long Body, and -100B Short Body series airplanes; and
Model 707-300, -300B, -300C, and -400 series airplanes; certificated
in any category; equipped with a main cargo door (MCD).

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by analysis of the cam support assemblies
of the MCD that indicated the repetitive high frequency eddy current
(HFEC) inspections required by the existing maintenance program are
not adequate to detect cracks before two adjacent cam support
assemblies of the MCD could fail. We are issuing this AD to detect
and correct cracking of the cam support assemblies of the MCD. Such
cracking could result in reduced structural integrity of the MCD and
consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Inspection to Determine Part Numbers

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Inspect the cam support assemblies of the MCD to
determine whether part number (P/N) 69-23588-1, 69-23588-2, 69-
23588-5, 69-23588-6, 69-23588-9, or 69-23588-10 is installed. A
review of airplane maintenance records is acceptable in lieu of this
inspection if the part number(s) of the cam support assemblies of
the MCD can be conclusively determined from that review.
    (1) Before the accumulation of 18,000 total flight cycles since
installation of the door, or before the accumulation of 10 years on
the MCD cam support assemblies, whichever occurs first. If the
number of flight cycles since installation of the door are not
known, use total airplane flight cycles.
    (2) Within 1,790 flight cycles or 24 months after the effective
date of this AD, whichever occurs later.

(h) Repetitive Inspections of the Cam Support Assemblies of the MCD and
Corrective Actions

    If, during any inspection required by paragraph (g) of this AD,
any cam support assembly of the MCD having P/N 69-23588-1, 69-23588-
2, 69-23588-5, 69-23588-6, 69-23588-9, or 69-23588-10 is determined
to be installed: At the later of the times specified in paragraphs
(g)(1) and (g)(2) of this AD, do an ultrasonic inspection to detect
cracking of the affected cam support assemblies of the MCD, and do
all applicable replacements, in accordance with the Accomplishment
Instructions of Boeing 707 Alert Service Bulletin A3542, dated
February 12, 2016. Do all applicable replacements before further
flight. Repeat the inspections thereafter at the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing 707 Alert
Service Bulletin A3542, dated February 12, 2016.

(i) Terminating Action for AD 80-08-10 R1, Amendment 39-3830 (45 FR
46343, July 10, 1980)

    Accomplishment of the initial inspection and all applicable
replacements on an airplane, as required by paragraph (h) of this
AD, terminates all the requirements of AD 80-08-10 R1, Amendment 39-
3830 (45 FR 46343, July 10, 1980), for that airplane only.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, 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, Los Angeles 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) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(4)(i) and (j)(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.

(k) Related Information

    For more information about this AD, contact Chandra Ramdoss,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5239; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing 707 Alert Service Bulletin A3542, dated February 12,
2016.
    (ii) Reserved.
    (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, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (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 Renton, Washington, on August 31, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-19041 Filed 10-4-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Page 36013]
[FR Doc No: 2013-14067]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent of waiver with respect to land; Quad City
International Airport, Moline, Illinois.

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

SUMMARY: The FAA is considering a proposal to change a 3.03-acre
portion of Parcel AA of airport land from aeronautical use to non-
aeronautical use (for lease), located at Quad City International
Airport, Moline, Illinois.
    The subject 3.03-acre portion of Parcel AA (10.84 total acres) is
located in the north quadrant of the airport along Airport Drive and
currently not being used directly for aeronautical purposes other than
for the protection of FAR Part 77 surfaces and compatible land use. The
change from aeronautical to non-aeronautical use would allow the
construction of a hotel on the subject 3.03-acre parcel. The
aforementioned land is not needed for aeronautical use.

DATES: Comments must be received on or before July 15, 2013.

ADDRESSES: Documents are available for review by prior appointment at
the FAA Airports District Office, Mr. Richard Pur, Airports Engineer,
Federal Aviation Administration, Chicago Airports District Office, 2300
East Devon Avenue, Des Plaines, Illinois 60018. Telephone: (847) 294-
7527/Fax:<PHONE_NUMBER>, and Metropolitan Airport Authority of Rock
Island County, 2200 69th Avenue, Moline, Illinois 61265, and (309) 757-
1732.
    Written comments on the Sponsor's request must be delivered or
mailed to: Mr. Richard Pur, Airports Engineer, Federal Aviation
Administration, Chicago Airports District Office, 2300 East Devon
Avenue, Des Plaines, Illinois 60018. Telephone:<PHONE_NUMBER>/Fax:
(847) 294-7046.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Pur, Airports Engineer,
Federal Aviation Administration, Chicago Airports District Office, 2300
East Devon Avenue, Des Plaines, Illinois 60018. Telephone: (847) 294-
7527/Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    Existing Parcel AA was originally acquired under FAAP Grant 9-11-
024-C309 in June, 1962, with the subject portion of Parcel AA currently
used for FAR Part 77 protection and to ensure compatible land use. The
Metropolitan Airport Authority plans to allow the construction of a
hotel on the subject property. Fair Market Value will be obtained from
a long term lease with hotel owner.
    The use of the revenue generated from the lease of the airport
property will be in accordance with FAA's Policy and Procedures
Concerning the Use of Airport Revenue, published in the Federal
Register on February 16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Quad City International Airport,
Moline, Illinois from its obligations to be maintained for aeronautical
purposes. Approval does not constitute a commitment by the FAA to
financially assist in the disposal of the subject airport property nor
a determination of eligibility for grant-in-aid funding from the FAA.

Subject Portion of Parcel AA (Legal Description)

    Part of Outlots 2 and 3 of Valley View Place, and addition situated
in the Southeast Quarter of the Southwest Quarter of Section 16 and the
Northeast Quarter of the Northwest Quarter of Section 21 all in
Township 17 North, Range 1 West of the Fourth Principal Meridian in
Rock Island County, Illinois, said Part being further described as
follows:
    Commencing at the Northwest Corner of the said Outlot 2, thence 00
degree 33 minutes 51 seconds West along the West line of said Outlot 2
a distance of 69.93 feet to a point on the South Right of Way Line of
69th Avenue (F.A. Route 10/F.A.U. Route 5788); thence South 73 degrees
22 minutes 14 seconds East along the said South Right of Way Line a
distance of 35.28 feet to the point of Beginning; thence continuing
South 73 degrees 22 minutes 14 seconds along said South Right of Way
line a distance of 257.25 feet; thence South 56 degrees 53 minutes 02
seconds East along the said South Right of Way line a distance of
308.50 feet; thence South 41 degrees 10 minutes 02 seconds West a
distance of 249.27 feet; thence North 66 degrees 41 minutes 12 seconds
West a distance of 212.85 feet; thence North 89 degrees 42 minutes 30
seconds West a distance of 149.12 feet; thence North 00 degree 37
minutes 50 seconds East a distance of 344.83 feet to the Point of
Beginning, containing 3.027 acres more or less.
    Basis of bearings are to the West line of said Outlot 2 South 00
degree 33 minutes 51 seconds West to the Illinois State Plane
Coordinate System, West Zone (NAD 83).

    Issued in Des Plaines, Illinois, on May 15, 2013.
James G. Keefer,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2013-14067 Filed 6-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Page 47640]
[FR Doc No: 2021-18380]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2715-000]

Fairbanks Solar Energy Center LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Fairbanks Solar Energy Center LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 9, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 20, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18380 Filed 8-25-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Page 73067]
[FR Doc No: 2014-28759]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14241-000]

Alaska Energy Authority; Notice of Revised Restricted Service
List for a Programmatic Agreements for Managing Properties Included In
or Eligible for Inclusion in the National Register of Historic Places

    On February 25, 2014, the Federal Energy Regulatory Commission
(Commission) issued notice of a proposed restricted service list for
the preparation of a programmatic agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places at the Susitna-Watana Hydroelectric Project No. 14241.
Rule 2010(d)(1) of the Commission's Rules of Practice and Procedure, 18
CFR 2010(d)(1) (2005), provides for the establishment of such a list
for a particular phase or issue in a proceeding to eliminate
unnecessary expense or improve administrative efficiency. Under Rule
2010(d)(4), persons on the official service list are to be given notice
of any proposal to establish a restricted service list and an
opportunity to show why they should also be included on the restricted
service list.
    On March, 11, 2014, Sharon Corsaro, Concerned Citizen for the
Historic District of Talkeetna, Alaska (Talkeetna Historic District),
and Robert Gerlach, President of Talkeetna Airmen's Association filed
requests to include: Sharon Corsaro, Talkeetna Historic District;
Constance Twigg, property owner in the Talkeetna Historic District; and
Robert Gerlach, Talkeetna Airmen's Association on the proposed
restricted service list.
    On March 12, 2014, Van Ness Feldman, LLP (Van Ness) on behalf of
the Alaska Energy Authority (AEA) filed a request to include Wayne
Dyok, Susitna-Watana Project Manager of AEA and Charles Sensiba of Van
Ness, and council for AEA, on the proposed restricted service list.
    On May 12, 2014, AEA filed a letter opposing the additions of such
persons as Ms. Corsaro, Ms. Twigg, and Mr. Gerlach to the restricted
service list because AEA maintains that their particular interests are
more broad and non-regulatory in nature and they should not have access
to sensitive cultural information that is protected by law from public
disclosure.\1\ In this regard, we agree with AEA to restrict such
sensitive information from individuals who are not associated with the
involved agencies and Alaska Native entities.
---------------------------------------------------------------------------

    \1\ See 16 U.S.C. 470w-3(a); also see 18 CFR 5.2(c).
---------------------------------------------------------------------------

    Under Rule 2010(d)(2), any restricted service list will contain the
names of each person on the official service list, or the person's
representative, who, in the judgment of the decisional authority
establishing the list, is an active participant with respect to the
phase or issue in the proceeding for which the list is established. As
the proposed licensee for the project, AEA, and their legal
representative at Van Ness, have an identifiable interest in issues
relating to the management of historic properties at the Susitna-Watana
Hydroelectric Project No. 14241. Therefore, AEA's representatives will
be added to the restrictive service list. In regards to the
representatives associated with the Talkeetna Historic District and
Talkeetna Airmen's Association, these additional three individuals will
also be added to the restricted service list as they too have
identifiable interest in issues relating to the management of historic
properties at the Susitna-Watana Hydroelectric Project No. 14241. These
interests are: (1) The partial ownership of the Talkeetna Village Air
Strip by the Talkeetna Airmen's Association and the preservation and
protection of this historic property; and (2) the preservation and
protection of the Talkeetna Historic District. However, these three
individuals should not receive any information deemed sensitive or
confidential in nature that is associated with: (1) data or reports
involving archeological finds; or (2) Alaska Native areas, items, or
perspectives deemed to be of religious or cultural significance and
considered sensitive to one or more the involved Alaska Native
entities. Finally, the Bureau of Land Management also needs to have a
representative added to the restricted service list because they manage
lands within the proposed project's boundary and are participants
within the technical work group for cultural resources.
    Accordingly, the restricted service list issued on October 12,
2006, for the Susitna-Watana Hydroelectric Project No. 14241, is
revised to add the following persons:

Wayne Dyok or Representative, Susitna-Watana Project Manager, Alaska
Energy Authority, 813 West Northern Lights Boulevard, Anchorage, AK
99503.
John Jangela or Representative, Bureau of Land Management, Glennallen
Field Office, P.O. Box 147, Mile Post 186.5 Glenn Hwy., Glennallen, AK
99588.
Sharon Corsaro or Representative, Concern Citizen, Historic District of
Talkeetna, P.O. Box 255, Hermosa Beach, CA 90254.
Charles Sensiba or Representative, Van Ness Feldman, LLP, 1050 Thomas
Jefferson St., NW, Seventh Floor, Washington, DC 20007.
Constance Twigg or Representative, Property Owner, Historic Townsite of
Talkeetna, P.O. Box 266, Talkeetna, AK 99676.
Robert Gerlach or Representative, President of the Talkeetna Airman's,
Association, P.O. Box 23, Talkeetna, AK 99676.

    Dated: December 2, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-28759 Filed 12-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48353-48354]
[FR Doc No: 2018-20659]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84180; File No. SR-Phlx-2018-58]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule
1080(A)(I)(C) Relating to Options Floor Based Management System

September 18, 2018.
    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 September 7, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 1080(a)(i)(C) relating to
Options Floor Based Management System (``FBMS'') in connection with
offering an interface to submit orders to a particular Floor Broker on
the options floor.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to offer a new FBMS FIX interface which
connects to FBMS (``FBMS FIX Interface'') \3\ to allow members and non-
members to submit orders directly \4\ to a Floor Broker on the
Exchange's trading floor. Today, a market participant desiring to
submit an order to the trading floor may contact a Floor Broker
telephonically, electronically using an external order management
system, or via instant message.\5\ An order submitted via the FBMS FIX
Interface would be created by the sender and routed to a Floor Broker.
This order would be systematized so that the Floor Broker \6\
automatically receives the order and may then represent the order for
execution. A member or non-member would not be able to send the order
directly to the trading system for execution. Orders entered via the
FBMS FIX Interface will require the interaction of a Floor Broker.
Orders will continue to be represented in the trading crowd, regardless
of the method in which the order was received. Orders would be executed
in the matching engine using FBMS, after all requirements for exposure
have been met. The proposed new FBMS FIX Interface will allow the
following types of orders to be submitted directly to a Floor Broker:
Simple Orders, Multi-leg Orders, Cross and Non-Cross Orders, Simple
Cancels, Cancel and Replacement Orders and Floor Qualified Contingent
Cross Orders.
---------------------------------------------------------------------------

    \3\ This new interface is a separate and distinct connection
from the existing FIX interface, which allows members to send orders
to the electronic match engine.
    \4\ The interface would allow the market participant to
designate a particular Floor Broker through the use of a FIX tag.
    \5\ An audit trail is maintained today for all orders received
by a Floor Broker.
    \6\ A Floor Broker's employee may also send an order into FBMS
or the System on behalf of the Floor Broker.
---------------------------------------------------------------------------

    The Exchange believes this new feature will enhance the workflow of
a Floor Broker by permitting orders to be directly submitted into FBMS
for handling. The Exchange believes that this new functionality will
offer market participants another method to direct liquidity to a Floor
Broker on the trading floor. The Exchange proposes to amend Rule
1080(a)(i)(C) to add the following sentence to the description of the
FBMS protocol, ``In addition, a non-member or member may utilize an
FBMS FIX interface to create and send an order into FBMS to be
represented by a Floor Broker for execution.''
Implementation
    The Exchange proposes to implement this functionality in Q1 of
2019. Market participants will be notified of the deployment date by
way of an Options Trader Alert, which will be posted on the Exchange's
website.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by proposing another method for market participants to submit orders to
a particular Floor Broker on the Exchange's trading floor.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal would offer market participants an alternative to the
current methods of submitting an order to a Floor Broker which include:
(i) Calling a Floor Broker; (ii) electronically using an external order
management system, or (iii) utilizing instant message. The Exchange
believes that this proposal will promote more efficient work flow and
provide ease in sending liquidity to the Exchange's trading floor. The
Exchange notes that the requirements for submission of orders for
execution within FBMS will continue to exist. The Exchange believes
that this proposal is consistent with the Act because it will continue
to remove impediments to and perfect the mechanism of a free and open
market and a national market system by continuing to require a Floor
Broker to expose these orders in the trading crowd prior to execution.
A Floor Broker would continue to submit any orders to the matching
engine for execution using FBMS, after all requirements for exposure
have been met. Finally, this proposal is consistent with the Act
because it protects investors and the public interest by

continuing to provide an audit trail for orders submitted through the
FBMS FIX interface.
    The Exchange notes that while it is permitting a broader group of
market participants to have access to FBMS, in this case with the FBMS
FIX Interface, the Exchange does not believe that this amendment raises
concern with respect to the quality of information received by the
Floor Broker because the Floor Broker remains responsible for ensuring
the order is in the proper form and contains the appropriate
information for submission. As noted herein, members and non-members
would not be able to send orders directly for execution into the
matching engine through the FBMS FIX Interface. The Exchange believes
that this expansion only seeks to provide a Floor Broker with an order
that is available for representation without the need for the Floor
Broker to manually enter the order into FBMS.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal offers
market participants the ability to send an order via the FBMS FIX
Interface to a particular Floor Broker. The Exchange believes that
these proposed amendments do not create a burden on inter-market
competition because all members and non-members may send orders to a
Floor Broker via the FBMS FIX Interface. As is the case today, any
member or non-member may contact a Floor Broker to submit an order to
the Phlx trading floor. The Exchange notes that the proposed rule
creates a new modality for member and non-members to send orders to a
Floor Broker for representation. Floor Brokers conduct an agency
business. Other market participants that conduct a market making
business have varied workflows as compared to a Floor Broker and would
not benefit from a similar FBMS FIX Interface. The Exchange believes
that this new interface does not create an intra-market burden on
competition for these reasons.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2018-58 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-Phlx-2018-58. 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-Phlx-2018-58 and should be submitted on
or before October 15, 2018.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20659 Filed 9-21-18; 8:45 am]
 BILLING CODE 8011-01-P