[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 25055-25057]
[FR Doc No: 2021-09770]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91763; File No. SR-NASDAQ-2021-033]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Expiration Date of the Temporary Amendments Concerning Video
Conference Hearings

May 4, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 28, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' 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 Exchange has designated the proposed rule change as constituting a
``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-4
under the Act,\3\ which renders the proposal effective upon receipt of
this filing by the Commission. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the expiration date of the
temporary amendments in SR-NASDAQ-2020-076 from April 30, 2021, to
August 31, 2021.\4\ The proposed rule change would not make any changes
to the text of the Exchange rules.
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    \4\ If the Exchange seeks to provide additional temporary relief
from the rule requirements identified in this proposed rule change
beyond August 31, 2021, the Exchange will submit a separate rule
filing to further extend the temporary extension of time. The
amended Exchange rules will revert to their original form at the
conclusion of the temporary relief period and any extension thereof.
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    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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 continue to harmonize Exchange Rules 1015,
9261, 9524 and 9830 with recent changes by the Financial Industry
Regulatory Authority, Inc. (``FINRA'') to its Rules 1015, 9261, 9524
and 9830 in response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities. The Exchange
originally filed proposed rule change SR-NASDAQ-2020-076, which allows
the Exchange's Office of Hearing Officers (``OHO'') and the Exchange
Review Council (``ERC'') to conduct hearings, on a temporary basis, by
video conference, if warranted by the current COVID-19-related public
health risks posed by an in-person hearing. In December 2020, the
Exchange filed a proposed rule change, SR-NASDAQ-2020-092, to extend
the expiration date of the temporary amendments in SR-NASDAQ-2020-076
from December 31, 2020, to April 30, 2021.\5\ While there are signs of
improvement, the COVID-19 conditions necessitating these temporary
amendments persist and, based on its assessment of current COVID-19
conditions and the lack of certainty as to when COVID-19-related health
concerns and corresponding restrictions will meaningfully subside, the
Exchange has determined that there is a continued need for this
temporary relief for several months beyond April 30, 2021. Accordingly,
the Exchange proposes to extend the expiration date of the temporary
rule amendments in SR-NASDAQ-2020-076 from April 30, 2021, to August
31, 2021.
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    \5\ See Securities Exchange Act Release No. 90774 (December 22,
2020), 85 FR 86614 (December 30, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2020-092).
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    On November 5, 2020, the Exchange filed, and subsequently extended
to

April 30, 2021, SR-NASDAQ-2020-076, to temporarily amend Exchange Rules
1015, 9261, 9524 and 9830 to grant OHO and the ERC authority \6\ to
conduct hearings in connection with appeals of Membership Application
Program decisions, disciplinary actions, eligibility proceedings and
temporary and permanent cease and desist orders by video conference, if
warranted by the COVID-19-related public health risks posed by an in-
person hearing.\7\
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    \6\ For OHO hearings under Exchange Rules 9261 and 9830, the
proposed rule change temporarily grants authority to the Chief or
Deputy Chief Hearing Officer to order that a hearing be conducted by
video conference. For ERC hearings under Exchange Rules 1015 and
9524, this temporary authority is granted to the ERC or relevant
Subcommittee.
    \7\ See Securities Exchange Act Release No. 90390 (November 10,
2020), 85 FR 73302 (November 17, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2020-076); supra note
5.
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    As set forth in the previous filings, the Exchange also relies on
COVID-19 data and the guidance issued by public health authorities to
determine whether the current public health risks presented by an in-
person hearing may warrant a hearing by video conference.\8\ Based on
that data and guidance, the Exchange does not believe the COVID-19-
related health concerns necessitating this relief will meaningfully
subside by April 30, 2021, and has determined that there will be a
continued need for this temporary relief for several months beyond that
date. Accordingly, the Exchange proposes to extend the expiration date
of the temporary rule amendments originally set forth in SR-NASDAQ-
2020-076 from April 30, 2021, to August 31, 2021. The extension of
these temporary amendments allowing for specified OHO and ERC hearings
to proceed by video conference will allow the Exchange's critical
adjudicatory functions to continue to operate effectively in these
extraordinary circumstances--enabling the Exchange to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets--while also protecting the health and safety of hearing
participants.
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    \8\ As noted in SR-NASDAQ-2020-076, the temporary proposed rule
change grants discretion to OHO and the ERC to order a video
conference hearing. In deciding whether to schedule a hearing by
video conference, OHO and the ERC may consider a variety of other
factors in addition to COVID-19 trends.
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    The Exchange has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so the Exchange can implement the proposed rule
change immediately.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ 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 continuing to provide greater harmonization between the
Exchange rules and FINRA rules of similar purpose,\11\ resulting in
less burdensome and more efficient regulatory compliance.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See Securities Exchange Act Release No. 91495 (April 7,
2021), 86 FR 19306 (April 13, 2021) (SR-FINRA-2021-006).
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    The proposed rule change, which extends the expiration date of the
temporary amendments to the Exchange rules set forth in SR-NASDAQ-2020-
076, will continue to aid the Exchange's efforts to timely conduct
hearings in connection with its core adjudicatory functions. Given
current COVID-19 conditions and the uncertainty around when those
conditions will meaningfully improve, without this relief allowing OHO
and ERC hearings to continue to proceed by video conference, such
hearings may need to be postponed indefinitely. The Exchange must be
able to perform its critical adjudicatory functions in order to fulfill
its statutory obligations to protect investors and maintain fair and
orderly markets. As such, this relief is essential to the Exchange's
ability to fulfill its statutory obligations and allows hearing
participants to avoid the serious COVID-19-related health and safety
risks associated with in-person hearings.
    Among other things, this relief will allow OHO to conduct temporary
cease and desist proceedings by video conference so that the Exchange
can take immediate action to stop ongoing customer harm and will allow
the ERC to timely provide members, disqualified individuals and other
applicants an approval or denial of their applications. As set forth in
detail in SR-NASDAQ-2020-076, this temporary relief allowing OHO and
ERC hearings to proceed by video conference accounts for fair process
considerations and will continue to provide fair process while avoiding
the COVID-19-related public health risks for hearing participants.
Accordingly, the proposed rule change extending this temporary relief
is in the public interest and consistent with the Act's purpose.

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

    The Exchange does not believe that the temporary proposed rule
change will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act. As set forth in
SR-NASDAQ-2020-076, the proposed rule change is intended solely to
extend temporary relief necessitated by the continued impacts of the
COVID-19 outbreak and the related health and safety risks of conducting
in-person activities. The Exchange believes that the proposed rule
change will prevent unnecessary impediments to its operations,
including its critical adjudicatory processes, and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on April 30, 2021.

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)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the

Commission to waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The Exchange has indicated
that the proposed rule change to extend the expiration date will
continue to prevent unnecessary impediments to its operations,
including its critical adjudicatory processes, and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on April 30, 2021.\16\ Importantly, extending
the relief provided in NASDAQ-2020-092 immediately upon filing and
without a 30-day operative delay will allow the Exchange to continue
critical adjudicatory and review processes in a reasonable and fair
manner and meet its critical investor protection goals, while also
following best practices with respect to the health and safety of its
employees.\17\ The Commission also notes that this proposal extends
without change the temporary relief previously provided by NASDAQ-2020-
092,\18\ and only during the period in which the Exchange's operations
are impacted by COVID-19. As proposed, the changes would be in place
through August 31, 2021 and the amended rules will revert back to their
original state at the conclusion of the temporary relief period and, if
applicable, any extension thereof.\19\ For these reasons, the
Commission believes that waiver of the 30-day operative delay for this
proposal is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\20\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See supra Item II.
    \17\ See FINRA Filing, 86 FR 19308 (noting the same in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2021-006 would become operative immediately upon filing).
    \18\ See supra note 5.
    \19\ See supra note 4. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond August 31, 2021, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2021-033 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-NASDAQ-2021-033. 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; 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-NASDAQ-2021-033 and should
be submitted on or before June 1, 2021.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-09770 Filed 5-7-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17324-17326]
[FR Doc No: 2021-06726]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0017; Project Identifier AD-2020-01186-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-8 and 737-9 airplanes. This
proposed AD was prompted by a report that during refueling of the right
main tank, if there is a failure of the automatic shutoff system, the
refueling panel does not provide the required indication that the
automatic shutoff has failed. This proposed AD would require installing
a new fuel quantity processor unit (FQPU) and doing a FQPU software
check. The FAA is proposing this AD to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by May 17,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0017.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0017; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chris Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0017; Project Identifier
AD-2020-01186-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider

all comments received by the closing date and may amend the proposal
because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Chris
Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3552; email<EMAIL_ADDRESS>Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    During refueling, the automatic shutoff system is supposed to close
the refuel valve when the fuel tank is full. If the automatic shutoff
system fails, the refuel indicator on the refuel panel should flash to
indicate the failure and alert the person refueling the airplane. The
FAA has received a report indicating that on The Boeing Company Model
737-8 and 737-9 airplanes, during refueling of the right main tank, if
there is a failure of the automatic shutoff system, the refueling panel
does not provide the required flashing indication to the person fueling
the airplane that the automatic shutoff has failed to shut off the
fuel. This is a result of the flashing threshold in the FQPU not being
set at the correct fuel level. This condition, if not addressed, could
result in overfill of the right main fuel tank, spilled fuel, and
pooling on the ground that could come in contact with an ignition
source, resulting in a ground fire.

Related Service Information Under 1 CFR part 51

    The FAA reviewed Boeing Special Attention Requirements Bulletin
737-28-1363 RB, dated June 2, 2020. The service information specifies
procedures for replacing the FQPU having an incorrect indication
threshold with a FQPU with part number 30128-06 or 30128-58, as
applicable, or a FQPU with a later-approved part number, and doing a
FQPU software check.
    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.

FAA's Determination

    The FAA is issuing this NPRM after determining the unsafe condition
described previously is likely to exist or develop in other products of
the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions identified
in Boeing Special Attention Requirements Bulletin 737-28-1363 RB, dated
June 2, 2020, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0017.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affects 66 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installation and software check.....  3 work-hour x $85 per                $0             $255          $16,830
                                       hour = $255.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in this cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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:

The Boeing Company: Docket No. FAA-2021-0017; Project Identifier AD-
2020-01186-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 17, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-8 and 737-9
airplanes, certificated in any category, as identified in Boeing
Special Attention Requirements Bulletin 737-28-1363 RB, dated June
2, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a report that during refueling of the
right main tank, if there is a failure of the automatic shutoff
system, the refueling panel does not provide the required flashing
indication that the automatic shutoff has failed to shut off the
fuel. The FAA is issuing this AD to address this indication failure
to warn the person fueling the airplane, which could cause overfill
of the right main tank, spilled fuel, and pooling on the ground that
could come in contact with an ignition source, resulting in a ground
fire.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD, at the
applicable times specified in the ``Compliance'' paragraph of Boeing
Special Attention Requirements Bulletin 737-28-1363 RB, dated June
2, 2020, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Special Attention
Requirements Bulletin 737-28-1363 RB, dated June 2, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 737-28-1363, dated June 2, 2020, which is referred to in
Boeing Special Attention Requirements Bulletin 737-28-1363 RB, dated
June 2, 2020.

(h) Exception to Service Information Specifications

    Where Boeing Special Attention Requirements Bulletin 737-28-1363
RB, dated June 2, 2020, uses the phrase ``the Original Issue date of
Requirements Bulletin 737-28-1363 RB,'' this AD requires using ``the
effective date of this AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards 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 (j)(1) 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 responsible Flight Standards 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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, 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.

(j) Related Information

    (1) For more information about this AD, contact Chris Baker,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3552; email<EMAIL_ADDRESS>    (2) 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. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-06726 Filed 4-1-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29572-29573]
[FR Doc No: 2017-13651]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2017-0289]

Application for Recertification of Cook Inlet Regional Citizens'
Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Coast Guard announces the availability of, and seeks
comments on, the application for recertification of the Cook Inlet
Regional Citizen's Advisory Council (CIRCAC) for September 1, 2017,
through August 31, 2018. Under the Oil Pollution Act of 1990 (OPA 90),
the Coast Guard may certify the CIRCAC on an annual basis. This
advisory group monitors the activities of terminal facilities and crude
oil tankers under the Cook Inlet program established by the statute.
The Coast Guard may certify an alternative voluntary advisory group in
lieu of the CIRCAC. The current certification for the CIRCAC will
expire August 31, 2017.

DATES: Public comments on CIRCAC's recertification application must
reach the Seventeenth Coast Guard District on or before July 31, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0289 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
recertification, call or email LT Jonathan Dale, Seventeenth Coast
Guard District (dpi); telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, contact the U.S. Coast Guard Headquarters,
Regulations and Administrative Law office, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

    Documents mentioned in this notice as being available in the
docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public meeting

    The Coast Guard does not plan to hold a public meeting. But you may
submit a request for one on or before July 1, 2017 using the method
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid the
process of thoroughly considering the application for recertification,
we will hold one at a time and place announced by a later notice in the
Federal Register.

Background and Purpose

    The Coast Guard published guidelines on December 31, 1992 (57 FR
62600), to assist groups seeking recertification under the Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33
U.S.C. 2732) (the Act). The Coast Guard issued a policy statement on
July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard
would be considering in making its determination as to whether advisory
groups should be certified in accordance with the Act; and the
procedures which the Coast Guard would follow in meeting its
certification responsibilities under the Act. Most recently, on
September 16, 2002 (67 FR 58440), the Coast Guard changed its policy on
recertification procedures for regional citizen's advisory council by
requiring applicants to provide comprehensive information every three
years. For the two years in between, applicants only submit information
describing substantive changes to the information provided at the last
triennial recertification. This is the year in this triennial cycle
that CIRCAC must provide comprehensive information.
    The Coast Guard is accepting comments concerning the
recertification of CIRCAC. At the conclusion of the comment period,
July 31, 2017, the Coast Guard will review all application materials
and comments received and will take one of the following actions:
    (a) Recertify the advisory group under 33 U.S.C. 2732(o).
    (b) Issue a conditional recertification for a period of 90 days,
with a statement of any discrepancies, which must be corrected to
qualify for recertification for the remainder of the year.
    (c) Deny recertification of the advisory group if the Coast Guard
finds that the group is not broadly representative of the interests and
communities in the area or is not adequately fostering the goals and
purposes of 33 U.S.C. 2732.
    The Coast Guard will notify RCAC by letter of the action taken on
their respective applications. A notice will be published in the
Federal Register to advise the public of the Coast Guard's
determination.

    Dated: May 26, 2017.
M.F. McAllister,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2017-13651 Filed 6-28-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Proposed Rules]
[Page 59188-59192]
[DOCID:fr27se10-47]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1133]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or to show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before December 27, 2010.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.

    You may submit comments, identified by Docket No. FEMA-B-1133, to
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-
mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                  elevation         ground [caret] Elevation    Communities affected
                                                                   in meters  (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                  Tuscola County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Cass River..........................  Approximately 180 feet          +635         +634  City of Vassar,
                                       downstream of the CSX                              Township of Tuscola,
                                       Railroad crossing.
                                      At Kirk Road, extended.         +639         +638  Township of Vassar.
Cat Lake/South Drain................  Approximately 110 feet          None         +747  Township of Dayton.
                                       downstream of Harmon
                                       Lake Road.
                                      At Cat Lake,                    None         +749
                                       approximately 280 feet
                                       upstream of Lakeview
                                       Drive.
Gibson Drain........................  Approximately 2,680             None         +585  Township of Gilford.
                                       feet north of Don Road.
                                      Approximately 1,160             None         +585
                                       feet south of M-138.
McPherson Drain.....................  At Akron Road..........         None         +585  Township of Gilford.
                                      Approximately 260 feet          None         +585
                                       north of Dutcher Road.
Northwest Drain Outlet No. 1........  At the confluence with          None         +585  Township of Gilford.
                                       VCCM and S Drain.
                                      Approximately 500 feet          None         +585
                                       downstream of North
                                       Quanicassee Road.
Reese Drain.........................  Upstream of Reese Road,         None         +603  Township of Denmark,
                                       approximately 310 feet                             Village of Reese.
                                       south of Dixon Road.
                                      Downstream of Reese             None         +625
                                       Road, approximately
                                       2,600 feet south of M-
                                       81.
Saginaw Bay.........................  Entire shoreline in the         None         +585  Township of Akron,
                                       Township of Akron.                                 Township of Wisner.
                                      Entire shoreline in the         +584         +585
                                       Township of Wisner.
VCCM and S Drain....................  Approximately 300 feet          None         +585  Township of Gilford.
                                       north of M-138.
                                      At Akron Road..........         None         +585
Wiscoggin Drain.....................  At Loomis Road.........         None         +585  Township of Columbia.
                                      Approximately 380 feet          None         +585
                                       upstream of Loomis
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
City of Vassar
Maps are available for inspection at City Hall, 287 East Huron Street, Vassar, MI 48768.

Township of Akron
Maps are available for inspection at 6800 North Vassar Road, Unionville, MI 48767.

Township of Columbia
Maps are available for inspection at 6822 Unionville Road, Unionville, MI 48767.

Township of Dayton
Maps are available for inspection at P.O. Box 305, Mayville, MI 48744.

Township of Denmark
Maps are available for inspection at P.O. Box 44, Reese, MI 48757.

Township of Gilford
Maps are available for inspection at 171 Garner Road, Fairgrove, MI 4873.

Township of Tuscola
Maps are available for inspection at 6697 Buell Road, Vassar, MI 48768.

Township of Vassar
Maps are available for inspection at 4505 West Saginaw Road, Vassar, MI 48768.

Township of Wisner
Maps are available for inspection at 8207 M-25, Akron, MI 48701.

Village of Reese
Maps are available for inspection at 2073 Gates Street, Reese, MI 48757.
----------------------------------------------------------------------------------------------------------------
                                 Dakota County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Crystal Cove........................  Just upstream of I-129          None        +1086  City of South Sioux
                                       along U.S. Route 77.                               City.
Crystal Lake........................  From just upstream of           None        +1086  City of South Sioux
                                       152nd Street to just                               City, Unincorporated
                                       downstream of U.S.                                 Areas of Dakota
                                       Route 77.                                          County.
Crystal Lake Northwest..............  From just downstream of         None        +1093  City of South Sioux
                                       Golf Road to just                                  City.
                                       upstream of 142nd
                                       Street.
Crystal Lake-Sump Area..............  From the intersection           None        +1098  City of South Sioux
                                       of Old Sawmill Road                                City.
                                       and unnamed road to
                                       approximately 780 feet
                                       south, extending
                                       approximately 1,050
                                       feet west along Old
                                       Sawmill Road.
Missouri River......................  Approximately 1 mile           +1070        +1069  City of Dakota City,
                                       downstream of the                                  City of South Sioux
                                       confluence with Omaha                              City, Unincorporated
                                       Creek Ditch.                                       Areas of Dakota
                                                                                County.
                                      Approximately 0.9 mile         +1100        +1102
                                       upstream from the
                                       confluence with Aowa
                                       Creek.
Old Silver Lake Creek...............  At the confluence with          None        +1090  City of South Sioux
                                       the Missouri River.                                City.
                                      Approximately 200 feet          None        +1092
                                       downstream of West
                                       29th Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Dakota City

Maps are available for inspection at 1511 Broadway Street, Dakota City, NE 68731.

City of South Sioux City
Maps are available for inspection at 1615 1st Avenue, South Sioux City, NE 68776.

Unincorporated Areas of Dakota County
Maps are available for inspection at 1601 Broadway Street, Dakota City, NE 68731.
----------------------------------------------------------------------------------------------------------------
                                  Sussex County, New Jersey (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Delaware River......................  At the Warren County            None         +352  Township of Walpack.
                                       boundary.
                                      At the Township of              None         +376
                                       Sandyston boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Township of Walpack
Maps are available for inspection at the Walpack Township Municipal Building, 9 Main Street, Walpack Center, NJ
 07881.
----------------------------------------------------------------------------------------------------------------
                                  Clark County, Nevada, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Las Vegas Wash......................  At the mouth of the Las        +1425        +1431  City of Henderson, City
                                       Vegas Wash (Lake Las                               of Las Vegas, City of
                                       Vegas Parkway).                                    North Las Vegas,
                                                                                Unincorporated Areas
                                                                                of Clark County.
                                      Approximately 375 feet         +1854        +1852
                                       upstream of North Las
                                       Vegas Boulevard.
Unnamed Tributary to Las Vegas Wash   Approximately 1,000            +1857        +1857  City of North Las
 A Channel.                            feet upstream of the                               Vegas.
                                       intersection of Las
                                       Vegas Wash and Las
                                       Vegas Boulevard.
                                      Approximately 400 feet         +1890        +1886
                                       downstream of
                                       I[dash]15.
Unnamed Wash Along Gowan Road.......  Approximately 180 feet          None        +2256  City of Las Vegas,
                                       upstream of the                                    Unincorporated Areas
                                       intersection of North                              of Clark County.
                                       Rancho Drive and West
                                       Gowan Road.
                                      At the intersection of          None        +2311
                                       West Gowan Road and
                                       U.S. Route 95.
Unnamed Wash Along Maverick Street    Approximately 300 feet          None        +2258  City of Las Vegas,
 and Duncan Drive.                     upstream of the                                    Unincorporated Areas
                                       intersection of Duncan                             of Clark County.
                                       Drive and North Rancho
                                       Drive.
                                      Approximately 150 feet          None        +2280
                                       downstream of the
                                       intersection of West
                                       Gowan Road and
                                       Maverick Street.
Unnamed Wash Along North Rancho       Approximately 300 feet          None        +2209  City of Las Vegas, City
 Drive.                                upstream of the                                    of North Las Vegas.
                                       intersection of North
                                       Rancho Drive and North
                                       Decatur Boulevard.
                                      Approximately 250 feet         +2300        +2298
                                       upstream of the
                                       intersection of North
                                       Rancho Drive and West
                                       Craig Road.
Unnamed Wash along U.S. Route 95....  At the intersection of         +2318        +2317  City of Las Vegas.
                                       West Gowan Street and
                                       U.S. Route 95.
                                      Approximately 950 feet         +2326        +2325
                                       upstream of the
                                       intersection of U.S.
                                       Route 95 and West
                                       Craig Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Henderson
Maps are available for inspection at the Public Works Department, 240 Water Street, Henderson, NV 89015.

City of Las Vegas
Maps are available for inspection at the Public Works Department, 400 Stewart Avenue, Las Vegas, NV 89101.

City of North Las Vegas
Maps are available for inspection at the Public Works Department, 2200 Civic Center Drive, North Las Vegas, NV
 89030.

Unincorporated Areas of Clark County
Maps are available for inspection at the Public Works Department, 500 South Grand Central Parkway, Las Vegas, NV
 89155.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 13, 2010
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-24141 Filed 9-24-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66713-66714]
[FR Doc No: 2014-26567]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3876-010; ER14-2297-000; ER10-2611-008.
    Applicants: Cordova Energy Company LLC, Saranac Power Partners,
L.P., MidAmerican Energy Company.
    Description: Supplement to June 30, 2014 Triennial Market Power
Analysis Update in the Northeast Region of Cordova Energy Company LLC,
MidAmerican Energy Company and Saranac Power Partners, L.P.
    Filed Date: 10/28/14.
    Accession Number: 20141028-5169.
    Comments Due: 5 p.m. ET 11/18/14.

    Docket Numbers: ER12-959-006.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing per 35: Tri County Compliance
Filing--ER12-959 to be effective 10/16/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5136.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-227-002.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment per 35.17(b): Second Amendment to the
CDWR Load and Generator Interconnection Agreement Filing to be
effective 1/1/2015.
    Filed Date: 10/29/14.
    Accession Number: 20141029-5156.
    Comments Due: 5 p.m. ET 11/19/14.

    Docket Numbers: ER15-231-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment per 35.17(b): Amendment Filing for
Pine Flat and Midway Contract between PG&E and CDWR to be effective 1/
1/2015.
    Filed Date: 10/29/14.
    Accession Number: 20141029-5170.
    Comments Due: 5 p.m. ET 11/19/14.

    Docket Numbers: ER15-237-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
10-30_Joint Dispatch Filing to be effective 1/1/2015.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5076.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-238-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 126th
Agreement to be effective 11/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5091.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-239-000.
    Applicants: Interstate Gas Supply, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): CIS &
Tariff Revisions to be effective 12/29/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5107.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-240-000.
    Applicants: Accent Energy Midwest II LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): CIS &
Tariff Revisions to be effective 12/29/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5109.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-241-000.
    Applicants: Border Energy Electric Services, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): CIS &
Tariff Revisions to be effective 12/29/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5111.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-242-000.
    Applicants: Nevada Power Company.
    Description: Initial rate filing per 35.12 Rate Schedule No. 145
Facilities Agreement to be effective 11/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5114.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-243-000.
    Applicants: PJM Interconnection, L.L.C., The Dayton Power and Light
Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): DP&L
submits revisions to Att H-15 Proposed Wholesale Distribution Service
Rate to be effective 1/1/2015.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5115.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-244-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
10-30_SA 2704 WAPA-ITC Midwest Interconnection Agreement to be
effective 10/31/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5117.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-245-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): BPA
USBR NITSA Jan 2015 to be effective 1/1/2015.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5125.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-246-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Service Agreement No. 3587; Queue No. Y3-049 to be effective 10/20/
2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5131.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-247-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Service Agreement No. 3666; Queue No. Y3-047 to be effective 10/20/
2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5134.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-248-000.
    Applicants: Idaho Power Company.
    Description: Notice of Cancellation of 6th Revised Service
Agreement No. 156. of Idaho Power Company.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5142.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-249-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Wolverine Rate Schedule No. 4 Filing to be effective 1/1/2015.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5146.

    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-250-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Service Agreement No. 3275; Queue No. W3-078 to be effective 12/20/
2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5167.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: ER15-251-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Amd
Rstd SJ-SPV-VL Participation Agreement to be effective 12/29/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5180.
    Comments Due: 5 p.m. ET 11/20/14.
    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA14-3-000.
    Applicants: Arizona Public Service Company.
    Description: Quarterly Land Acquisition Report of Arizona Public
Service Company.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5121.
    Comments Due: 5 p.m. ET 11/20/14.

    Docket Numbers: LA14-3-000.
    Applicants: Beech Ridge Energy LLC, Bishop Hill Energy LLC, Bishop
Hill Energy III LLC, California Ridge Wind Energy LLC, Forward Energy
LLC, Grand Ridge Energy LLC, Grand Ridge Energy II LLC, Grand Ridge
Energy III LLC, Grand Ridge Energy IV LLC, Grand Ridge Energy V LLC,
Gratiot County Wind LLC, Gratiot County Wind II LLC, Grays Harbor
Energy LLC, Hardee Power Partners Limited, Invenergy Cannon Falls LLC,
Invenergy TN LLC, Judith Gap Energy LLC, Prairie Breeze Wind Energy
LLC, Sheldon Energy LLC, Spring Canyon Energy LLC, Spindle Hill Energy
LLC, Stony Creek Energy LLC, Vantage Wind Energy LLC, Willow Creek
Energy LLC, Wolverine Creek Energy LLC.
    Description: Quarterly Land Acquisition Report of Beech Ridge
Energy LLC, et. al. under LA14-3.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5137.
    Comments Due: 5 p.m. ET 11/20/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 30, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-26567 Filed 11-7-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71556-71558]
[FR Doc No: 2016-24980]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79080; File No. SR-Phlx-2016-100]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
of Proposed Rule Change To Amend the Pricing Schedule at Section IV,
Part B titled ``Flex Transaction Fees''

October 11, 2016.
    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 October 3, 2016, 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, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 the Pricing Schedule at Section IV,
Part B titled ``Flex Transaction Fees'' to permit FLEX \3\ options to
trade as strategies for purposes Section II Strategy Cap pricing.
---------------------------------------------------------------------------

    \3\ FLEX options are flexible exchange-traded index, equity, or
currency option contracts that provide investors the ability to
customize basic option features including size, expiration date,
exercise style, and certain exercise prices. FLEX options may have
expiration dates within five years. See Rule 1079. FLEX currency
option contracts traded on the Exchange are also known as FLEX WCO
or FLEX FCO contracts.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site 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 amend Section IV, Part B, related to FLEX
pricing, to permit Multiply Listed FLEX options to be eligible for the
Section II Strategy Caps.\4\ The Section II Strategy Fee cap generally
applies to all strategy executions executed in standard option
contracts (as opposed to Mini Option contracts) on the same trading day
in the same option class.\5\ Today, Multiply Listed FLEX options are
excluded from Strategy Caps. The proposal is designed to compete with
other markets that apply similar fee caps but that do not exclude
Multiply Listed FLEX option transactions from Strategy Fee Caps.\6\
FLEX options are only executed on the Exchange's trading floor and are
not executed electronically on the Exchange.
---------------------------------------------------------------------------

    \4\ Section II includes pricing for Multiply Listed Options Fees
which includes options overlying equities, ETFs, ETNs and indexes
which are Multiply Listed.
    \5\ Dividend, merger and short stock interest strategies are the
same trading day in the same options class when such members are
trading in their own proprietary accounts.
    \6\ See NYSE AMEX OPTIONS Fee Schedule. See also Securities
Exchange Act Release No. 71015 (December 6, 2013), 78 FR 75642
(December 12, 2013).
---------------------------------------------------------------------------

    Today, Customers are not assessed a fee for Multiply Listed FLEX
options and Non-Customers are assessed a $0.25 per contract fee for
Multiply Listed FLEX options. Further, the Monthly Firm Fee Cap,
Monthly Market Maker Cap, and the Options Surcharge in BKX, MNX and NDX
described in Section II apply to Multiply Listed FLEX options. No other
fees described in Section II apply to Multiply Listed FLEX options. The
FLEX transaction fees for a Firm are waived for members executing
facilitation orders pursuant to Exchange Rule 1064 when such members
are trading in their own proprietary account. In addition, FLEX
transaction fees for a Broker-Dealer are waived for members executing
facilitation orders pursuant to Exchange Rule 1064 when such members
would otherwise incur this charge for trading in their own proprietary
account contra to a Customer (``BD-Customer Facilitation''), if the
member's BD-Customer Facilitation average daily volume (including both
FLEX and non-FLEX transactions) exceeds 10,000 contracts per day in a
given month. Finally, Multiply Listed FLEX options are not eligible for
Section II strategy caps.
    The Exchange proposes to permit Multiply Listed FLEX options to be
subject to strategy cap pricing.\7\ Currently, to qualify for a
strategy cap,

the buy and sell side of a transaction must originate from the Exchange
floor. The following are the strategy fee caps in Section II:
---------------------------------------------------------------------------

    \7\ The Exchange noted in a prior rule change that there is no
mechanism to mark FLEX Option transactions for strategy caps, and
therefore excluded Multiply Listed FLEX options for strategy
treatment. See Securities Exchange Act Release No. 69548 (May 9,
2013), 78 FR 28681 (May 15, 2013) (SR-Phlx-2013-29). With this
proposal the Exchange will implement a manual process to record the
FLEX strategy with staff intervention thereby documenting the
strategy for billing purposes.

----------------------------------------------------------------------------------------------------------------
  Floor options transactions--multiply
             listed options                        Strategy                  Qualification              Cap
----------------------------------------------------------------------------------------------------------------
Specialist, Market Maker, Professional,   Dividend, merger and short  Executed on the same                $1,500
 Firm, and Broker-Dealer.                  stock interest strategies.  trading day in the same
                                                                       options class when such
                                                                       members are trading in
                                                                       their own proprietary
                                                                       accounts.
                                          Reversal and conversion     Executed on the same                   700
                                           strategies.                 trading day in the same
                                                                       options class.
                                          Jelly rolls...............  Executed on the same                   700
                                                                       trading day in the same
                                                                       options class.
                                          Box spreads...............  Executed on the same                   700
                                                                       trading day in the same
                                                                       options class.
Per member organization.................  Dividend, merger, short     Combined executions in a            65,000
                                           stock interest, reversal    month when trading in own
                                           and conversion, jelly       proprietary accounts.
                                           roll, and box spread
                                           strategies (``Monthly
                                           Strategy Cap'').
----------------------------------------------------------------------------------------------------------------

    The following types of strategies are eligible for the pricing in
Section II: dividend strategy,\8\ merger strategy,\9\ short stock
interest strategy,\10\ reversal and conversion strategies,\11\ jelly
roll strategy \12\ and a box spread strategy.\13\ Reversal and
conversion, jelly roll and box spread strategy executions are not
included in the Monthly Strategy Cap for a Firm. Reversal and
conversion, jelly roll and box spread strategy executions (as defined
in this Section II) are included in the Monthly Firm Fee Cap. All
dividend, merger, short stock interest, reversal and conversion, jelly
roll and box spread strategy executions (as defined in Section II) are
excluded from the Monthly Market Maker Cap.
---------------------------------------------------------------------------

    \8\ A dividend strategy is defined as transactions done to
achieve a dividend arbitrage involving the purchase, sale and
exercise of in-the-money options of the same class, executed the
first business day prior to the date on which the underlying stock
goes ex-dividend.
    \9\ A merger strategy is defined as transactions done to achieve
a merger arbitrage involving the purchase, sale and exercise of
options of the same class and expiration date, executed the first
business day prior to the date on which shareholders of record are
required to elect their respective form of consideration, i.e., cash
or stock.
    \10\ A short stock interest strategy is defined as transactions
done to achieve a short stock interest arbitrage involving the
purchase, sale and exercise of in-the-money options of the same
class.
    \11\ Reversal and conversion strategies are transactions that
employ calls and puts of the same strike price and the underlying
stock. Reversals are established by combining a short stock position
with a short put and a long call position that shares the same
strike and expiration. Conversions employ long positions in the
underlying stock that accompany long puts and short calls sharing
the same strike and expiration.
    \12\ A jelly roll strategy is defined as transactions created by
entering into two separate positions simultaneously. One position
involves buying a put and selling a call with the same strike price
and expiration. The second position involves selling a put and
buying a call, with the same strike price, but with a different
expiration from the first position.
    \13\ A box spread strategy is a strategy that synthesizes long
and short stock positions to create a profit. Specifically, a long
call and short put at one strike is combined with a short call and
long put at a different strike to create synthetic long and
synthetic short stock positions, respectively.
---------------------------------------------------------------------------

    The Exchange is amending the rule text to include Strategy Caps in
the list of Section II pricing which is applicable to Multiply Listed
FLEX options. As a result, a Multiply Listed FLEX option transaction
that is part of a strategy execution would be included in the Strategy
Fee cap. The proposal is designed to encourage members and member
organizations to engage in both additional Multiply Listed FLEX option
transactions and strategy executions on the Exchange.
    The Exchange also proposes to correct a typographical error in
Section IV to add a hyphen in the term BD-Customer.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\15\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

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

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \16\
---------------------------------------------------------------------------

    \16\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission
\17\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\18\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \19\
---------------------------------------------------------------------------

    \17\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \18\ See NetCoalition, at 534-535.
    \19\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution;' [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers.' . . .'' \20\ Although the court and
the SEC were discussing the cash equities markets, the Exchange
believes that these views apply with equal force to the options
markets.
---------------------------------------------------------------------------

    \20\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange's proposal to permit Multiply-Listed FLEX options to
be eligible for the Section II Strategy Caps is reasonable because
including

Multiply-Listed FLEX option transactions in the Strategy Fee Cap may
encourage members and member organizations to execute additional
Multiply-Listed FLEX options and strategy executions on the Exchange.
The proposed change would therefore result in greater amounts of
liquidity on the Exchange, which should benefit the quality of the
Exchange's market and investors, generally. This proposed change is
further reasonable because the Exchange understands that other option
markets similarly include Multiply Listed FLEX option transactions in
certain fee caps applicable to strategy executions on such other
markets.\21\
---------------------------------------------------------------------------

    \21\ See note 6 above.
---------------------------------------------------------------------------

    The Exchange believes that the proposed change is equitable and not
unfairly discriminatory because all members and member organizations
are eligible to transact Multiply Listed FLEX options and are eligible
for the Strategy Fee Cap.

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. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    The pricing proposed herein are intended to continue to incentivize
market participants to execute additional Multiply Listed FLEX options
and strategy executions on the Exchange and for this reason imposes no
inter-market burden on competition. The proposal could increase
competition on the Exchange by including Multiply Listed FLEX option
transactions in the Strategy Fee Cap. This could result in members and
member organizations engaging in both additional Multiply Listed FLEX
option transactions and strategy executions in order to reach the fee
cap levels. The proposed change could also increase competition between
the Exchange and other option markets by making the Exchange a more
desirable market with respect to pricing for Multiply Listed FLEX
option transactions and strategy executions.
    If the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.
    The Exchange's proposal to permit Multiply Listed FLEX options to
be eligible for the Section II Strategy Caps does not impose an undue
burden on intra-market competition because all members and member
organizations are eligible to transact Multiply Listed FLEX options and
are eligible for the Strategy Fee Cap.

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-Phlx-2016-100 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-2016-100. 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-Phlx-2016-100 and
should be submitted on or before November 7, 2016.
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    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24980 Filed 10-14-16; 8:45 am]
 BILLING CODE 8011-01-P