[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4526-4528]
[FR Doc No: 2013-01078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68656; File No. SR-CBOE-2013-001]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To List and Trade Option Contracts Overlying 10 Shares of
Certain Securities

January 15, 2013.
    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 January 4, 2013, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to list and trade option contracts overlying 10
shares of a security (``mini-option contracts''). The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.org/legal ), at the Exchange's Office of the Secretary, and at
the Commission.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend CBOE rules to
enable the listing and trading of option contracts overlying 10 shares
of a security (``mini-option contracts''). This is a competitive filing
based on filings submitted by NYSE Arca, Inc. (``NYSE Arca'') and
International Securities Exchange, LLC (``ISE''), which the Commission
recently approved.\3\
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    \3\ See Securities Exchange Act Release No. 67948 (September 28,
2012) 77 FR 60735 (October 4, 2012) (Notice of Filing of Amendments
No. 1 and Order Granting Accelerated Approval of Proposed Rule
Changes as Modified by Amendments No. 1 to List and Trade Option
Contracts Overlying 10 Shares of Certain Securities) (SR-NYSEArca-
2012-64 and SR-ISE-2012-58).
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    Pursuant to CBOE Rule 5.5, the Exchange currently lists and trades
standardized option contracts on a number of equities and exchange-
traded fund shares (``ETFs'') (referred to as ``Units'' in Rule
5.3.06), each with a unit of trading of 100 shares. The purpose of this
proposed rule change is to expand investors' choices by listing and
trading option contracts on a select number of high-priced and actively
traded securities, each with a unit of trading ten times lower than
that of standard-sized option contracts, or 10 shares. Specifically,
the Exchange proposes to list and trade mini-options overlying five (5)
high-priced securities for which the standard contract overlying the
same security has significant liquidity.\4\ The Exchange believes that
mini-options will appeal to retail investors who may not currently be
able to participate in the trading of options on such high priced
securities. The Exchange believes that investors would benefit from the
availability of mini-options contracts by making options overlying high
priced securities more readily available as an investing tool and at
more affordable and realistic prices, most notably for the average
retail investor.
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    \4\ The Exchange proposes to list Mini Options on SPDR S&P 500
(``SPY''), Apple, Inc. (``AAPL''), SPDR Gold Trust (``GLD''), Google
Inc. (``GOOG'') and Amazon.com Inc. (``AMZN''). The Exchange notes
that any expansion of the program would require that a subsequent
proposed rule change be submitted to the Commission.
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    For example, with AAPL trading at $638.17 on October 8, 2012,
($63,817 for 100 shares underlying a standard contract), the 640 level
call expiring on October 19 was trading at $8.30. The cost of the
standard contract overlying 100 shares would be $830, which is
substantially higher in notional terms than the average equity option
price of $255.02.\5\ Proportionately equivalent mini-options contracts
on AAPL would provide investors with the ability to manage and hedge
their portfolio risk on

their underlying investment, at a price of $83.00 per contract. In
addition, investors who hold a position in AAPL at less than the round
lot size would still be able to avail themselves of options to manage
their portfolio risk. For example, the holder of 50 shares of AAPL
could write covered calls for five mini-options contracts. The table
below demonstrates the proposed differences between a mini-options
contract and a standard contract with a strike price of $125 per share
and a bid or offer of $3.20 per share:
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    \5\ Year-to-date through September 28, 2012. A high priced
underlying security may have relatively expensive options, because a
low percentage move in the share price may mean a large movement in
the options in terms of absolute dollars.

----------------------------------------------------------------------------------------------------------------
                                                       Standard                              Mini
----------------------------------------------------------------------------------------------------------------
Share Deliverable Upon Exercise.........  100 shares........................  10 shares
Strike Price............................  125...............................  125
Bid/offer...............................  3.20..............................  3.20
Premium Multiplier......................  $100..............................  $10
    Total Value of Deliverable..........  $12,500...........................  $1,250
    Total Value of Contract.............  $320..............................  $32
----------------------------------------------------------------------------------------------------------------

    The Exchange believes that the proposal to list and trade mini-
option contracts will not lead to investor confusion. There are two
important distinctions between mini-options and standard options that
are designed to ease the likelihood of any investor confusion. First,
the premium multiplier for the proposed mini-options will be $10,
rather than $100, to reflect the smaller unit of trading. To reflect
this change, the Exchange proposes to add Rule 6.41(c) which notes that
bids and offers for an option contract overlying 10 shares will be
expressed in terms of dollars per 1/10th part of the total value of the
contract. Thus, an offer of ``.50'' shall represent an offer $5.00 for
an option contract having a unit of trading consisting of 10 shares.
Additionally, the Exchange will designate mini-option contracts with
different trading symbols than their related standard contract.\6\ The
Exchange believes that the clarity of this approach is appropriate and
transparent and the Exchange believes that the terms of mini-option
contracts are consistent with the terms of the Options Disclosure
Document. The Exchange recognizes the need to differentiate mini-option
contracts from standard options and therefore is proposing the
following changes to its rules.
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    \6\ The Options Clearing Corporation (``OCC'') symbology is
structured for contracts with other than 100 shares to be designated
with a numerical suffix to the standard trading symbol, e.g., AAPL8.
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    The Exchange proposes to add new Interpretation and Policy .22(a)
to Rule 5.5 (Series of Option Contracts Open for Trading) to permit the
listing of mini-options after an option class on a stock, ETF share,
Trust Issued Receipt (TIR), exchange-traded note (ETN) and other Index
Linked Security with a 100 share deliverable has been approved for
listing and trading on the Exchange. This new subparagraph also
identifies the five specific securities on which the Exchange may list
mini-options.
    The Exchange proposes to add new Interpretation and Policy .22(b)
to Rule 5.5 to reflect that strike prices for mini-options shall be set
at the same level as for standard options. For example, a call series
strike price to deliver 10 shares of stock at $125 per share has a
total deliverable value of $1250, and the strike price will be set at
125. Further, pursuant to proposed new Interpretation and Policy .22(c)
to Rule 5.5, the Exchange proposes to not permit the listing of
additional series of mini-options if the underlying is trading at $90
or less to limit the number of strikes once the underlying is no longer
a high priced security. The Exchange proposes a $90.01 minimum for
continued qualification so that additional series of mini-options that
correspond to standard strikes may be added even though the underlying
has fallen slightly below the initial qualification standard. In
addition, the underlying security must be trading above $90 for five
consecutive days before the listing of mini-option contracts in a new
expiration month. This restriction will allow the Exchange to list
strikes in mini-options without disruption when a new expiration month
is added even if the underlying has had a minor decline in price.
    The Exchange also proposes to add Interpretation and Policy .08 to
Rule 4.11 (Position Limits) to reflect that, for purposes of compliance
with the position limits set forth in Rule 4.11, ten mini-option
contracts will equal one standard contract overlying 100 shares. The
Exchange also proposes to add subparagraph (c) to Rule 6.41 (Meaning of
Premium Bids and Offers) to extend the explanation of bids and offers
with respect to mini-option contracts.
    Mini-options with non-standard expiration dates (e.g., weekly
series, quarterly option series and LEAPs) will be permitted under this
proposal and in accordance with relevant CBOE rules. CBOE may list
mini-options on SPY, AAPL, GLD, GOOG and AMZN for all expirations
applicable to 100-share options on the same underlying.\7\
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    \7\ See 77 FR at 60737.
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    The Exchange's rules that apply to the trading of standard options
would apply to mini-options and the Exchange's market maker quoting
obligations would apply to mini-options.\8\ Intermarket trade-through
protection would apply to mini-options; however, price protection would
not apply across standard and mini-options on an intramarket basis, as
these are separate products.\9\
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    \8\ See CBOE Rule 8.7 and 77 FR at 60738.
    \9\ See 77 FR at 60736 and 60738.
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    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority have the necessary systems capacity
to handle the potential additional traffic associated with the listing
and trading of mini-option contracts. CBOE also understand that the OCC
will be able to accommodate mini-option contracts.
    The Exchange notes that the current CBOE Fees Schedule will not
apply to the trading of mini-option contracts. The Exchange will not
commence trading of mini-option contracts until specific fees for mini-
option contracts trading have been filed with the Commission.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, including the
requirements of Section 6(b) of the Act.\10\ In particular, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5)\11\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and to perfect

the mechanism for a free and open market and a national market system,
and, in general, to protect investors and the public interest.
Specifically, the Exchange believes that investors would benefit from
the availability of mini-options contracts by, making options on high
priced securities more readily available as an investing tool and at
more affordable and realistic prices, most notably for the average
retail investor. As described above, the proposal contains a number of
features designed to protect investors by reducing investor confusion,
such as the mini-option contracts being designated by different trading
symbols from their related standard contracts. Moreover, the proposal
is designed to protect investors and the public interest by providing
investors with an enhanced tool to reduce risk in high priced
securities. In particular, the proposed contracts will provide retail
customers who invest in high priced issues in lots of less than 100
shares with a means of protecting their investments that is presently
only available to those who have positions of 100 shares or more.
Further, the proposal currently is limited to five high priced
securities for which there is already significant options liquidity,
and therefore significant customer demand and trading volume.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. In this regard and as indicated above, the Exchange notes that
the rule change is being proposed as a competitive response to recently
approved NYSE Arca and ISE filings. CBOE believes this proposed rule
change is necessary to permit fair competition among the options
exchanges.

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that it can list and trade the proposed
mini-option contracts as soon as it is able.\14\ The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\15\ The Commission
notes the proposal is substantively identical to proposals that were
recently approved by the Commission, and does not raise any new
regulatory issues.\16\ For these reasons, the Commission designates the
proposed rule change as operative upon filing.
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    \14\ The Commission notes that the Exchange's current Fees
Schedule will not apply to the trading of mini-option contracts, and
the Exchange will not commence trading of mini-option contracts
until specific fees for mini-option contracts trading have been
filed with the Commission.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \16\ See Securities Exchange Act Release No. 67948 (September
28, 2012), 77 FR 60735 (October 4, 2012) (SR-NYSEArca-2012-64 and
SR-ISE-2012-58).
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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.

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-CBOE-2013-001 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2013-001. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. 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-CBOE-2013-001 and should be
submitted on or before February 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01078 Filed 1-18-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9456-9457]
[FR Doc No: 2015-03578]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9923-31-Region 2]

Clean Water Act Section 303(d): Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for comments.

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SUMMARY: This notice announces EPA's decision to identify certain water
quality limited waters and the associated pollutant to be listed
pursuant to the Clean Water Act Section 303(d)(2) on New York's list of
impaired waters, and requests public comment. Section 303(d)(2)
requires that States submit, and EPA approve or disapprove, lists of
waters for which existing technology-based pollution controls are not
stringent enough to attain or maintain State water quality standards
and for which total maximum daily loads (TMDLs) must be prepared.
    On January 13, 2015, EPA disapproved New York's decision to

exclude Jones Inlet/Jones Bay from its 2014 303(d) list. EPA evaluated
existing and readily available data and information and concluded that
the applicable narrative water quality standard for nutrients is being
exceeded in Jones Inlet/Jones Bay. Based on this evaluation, EPA has
determined that Jones Inlet/Jones Bay is not fully attaining the water
quality standards established by New York State and should be included
on the State's 303(d) list of impaired waters.
    EPA is providing the public the opportunity to review its decision
to add this water to New York's 303(d) list, as required by 40 CFR
130.7(d)(2). EPA will consider public comments before transmitting its
final listing decision to the State.

DATES: Comments must be submitted to EPA on or before March 25, 2015.

ADDRESSES: Comments on the proposed decision should be sent to Dana
Flint, U.S. Environmental Protection Agency Region 2, 290 Broadway, New
York, NY 10007, email<EMAIL_ADDRESS>telephone<PHONE_NUMBER>.
Oral comments will not be considered. Copies of EPA's letter explaining
the rationale for EPA's decision concerning New York's list can be
obtained by calling or emailing Mrs. Flint at the address above.
Underlying documents from the administrative record for these decisions
are available for public inspection at the above address. Please
contact Mrs. Flint to schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Dana Flint at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA)
requires that each state identify those waters for which existing
technology-based pollution controls are not stringent enough to attain
or maintain state water quality standards. For those waters, states are
required to establish TMDLs according to a priority ranking.
    EPA's Water Quality Planning and Management regulations include
requirements related to the implementation of section 303(d) of the CWA
(40 CFR 130.7). The regulations require states to identify water
quality limited waters still requiring TMDLs every two years. The lists
of waters still needing TMDLs must also include priority rankings,
identify the pollutants causing the impairment, and identify the waters
targeted for TMDL development during the next two years (40 CFR 130.7).
    Consistent with EPA's regulations, New York submitted its listing
decisions under Section 303(d)(2) to EPA in correspondence dated
November 3, 2014, January 5, 2015 and January 7, 2015. On January 13,
2015, EPA partially approved New York's submittal of the 303(d) list,
and disapproved New York's decision to exclude Jones Inlet/Jones Bay
from the 2014 list. EPA is soliciting public comment on the addition of
this water to the State's list, as required by 40 CFR 130.7(d)(2).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 26, 2015.
Judith A. Enck,
Regional Administrator, U.S. Environmental Protection Agency, Region 2.
[FR Doc. 2015-03578 Filed 2-20-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]
[Page 43210-43212]
[DOCID:fr26au09-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60521; File No. SR-NASDAQ-2009-076]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify Processing of Orders on the NASDAQ Options Market

August 18, 2009.
    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 August 13, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been substantially prepared by Nasdaq. Nasdaq has designated the
proposed rule change as effecting a change described under Rule 19b-
4(f)(6) under the Act,\3\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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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 the
Substance of the Proposed Rule Change

    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in [brackets].\4\
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    \4\ Changes are marked to the rules of The NASDAQ Stock Market
LLC found at http://nasdaqomx.cchwallstreet.com.
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* * * * *
Chapter VI Trading Systems
Sec. 1 Definitions

The following definitions apply to Chapter VI for the trading of
options listed on NOM.
    (a)-(d) No change.
    (e) The term ``Order Type'' shall mean the unique processing
prescribed for designated orders that are eligible for entry into the
System, and shall include:
    (1)-(7) No Change.
    [(8) ``Additional Exposure Orders'' are orders that are priced at
the National Best Offer, for buys, and the National Best Bid, for
sells. The order is exposed on the System Book Feed for a time
determined by the Exchange, not to exceed one second. At the end of the
exposure period, if still unexecuted, the

order will be routed to the market(s) at the NBBO, cancelled back to
the entering party, or posted on the book pursuant to Section 7 of
Chapter VI.
    Any update to the NBBO that improves the exposed order price will
cause an immediate end to the exposure period. Any unexecuted portion
of the order will be routed to the market(s) at the NBBO, cancelled
back to the entering party or posted on the book pursuant to Section 7
of Chapter VI.
    Any update to the NBBO that unlocks the exposed order price will
cause an immediate end to the exposure period. Any unexecuted portion
of the order will be executed against contra interest on the book,
routed to the market(s) at the NBBO, cancelled back to the entering
party or posted on the book pursuant to Section 7 of Chapter VI.]
* * * * *
Sec. 6 Acceptance of Quotes and Orders

    All bids or offers made and accepted on NOM in accordance with the
NOM Rules shall constitute binding contracts, subject to applicable
requirements of the Rules of the Exchange and the Rules of the Clearing
Corporation.
    (a) General--A System order is an order that is entered into the
System for display and/or execution as appropriate. Such orders are
executable against marketable contra-side orders in the System.
    (1) All System Orders shall indicate limit price and whether they
are a call or put and buy or sell. Systems Orders can be designated as
Immediate or Cancel (``IOC''), Good-till-Cancelled (``GTC''), Day
(``DAY''), WAIT or Expire Time (``EXPR'').
    (2) A System order may also be designated as a Reserve Order, a
Limit Order, a Minimum Quantity Order, a Discretionary Order, a Market
Order, a Price Improving Order, or an Exchange Direct Order[, or an
Additional Exposure Order].
* * * * *
Sec. 11 Order Routing

    (a) For System securities, the order routing process shall be
available to Participants from 9:30 a.m. Eastern Time until market
close, and shall route orders as follows. Participants can designate
orders as either available for routing or not available for routing.
Orders designated as not available for routing shall follow the book
processing rules set forth in Section 10 above. Orders designated as
available for routing, will first check the System for available
contracts for execution. After checking the System for available
contracts, orders are sent to other available market centers for
potential execution, per entering firm's instructions. When checking
the book, the System will seek to execute at the price at which it
would send the order to a destination market center. [Orders designated
as Additional Exposure Orders, as defined in Chapter VI, Section 1,
will be exposed on the System Book Feed prior to routing to other
markets.] If contracts remain un-executed after routing, they are
posted on the book. Once on the book, should the order subsequently be
locked or crossed by another market center, the System will not route
the order to the locking or crossing market center. With the exception
of the Minimum Quantity order type, all time-in-force parameters and
order types may be used in conjunction with this routing option.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq has not yet implemented a recently approved rule change to
the NOM rules, which would provide marketable orders an additional
opportunity for execution on the NOM when NOM is not part of the
NBBO.\5\ Upon further review, Nasdaq proposes to eliminate this
additional opportunity for execution on the NOM.
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    \5\ See Securities Exchange Act Release No. 60335 (July 17,
2009), 74 FR 36790 (July 24, 2009) (SR-NASDAQ-2009-066).
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and with
Sections 6(b)(5) of the Act,\7\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission deems this requirement to have been met.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-076 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-076. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the 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-2009-076 and
should be submitted on or before September 16, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-20530 Filed 8-25-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48853-48854]
[FR Doc No: 2018-21021]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3402-EM; Docket ID FEMA-2018-0001]

Commonwealth of the Northern Mariana Islands; Emergency and
Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the Commonwealth of the Northern Mariana Islands (FEMA-
3402-EM), dated September 10, 2018, and related determinations.

DATES: The declaration was issued September 10, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 10, 2018, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the Commonwealth of the Northern Mariana Islands resulting from
Typhoon Mangkhut beginning on September 10, 2018, and continuing,
are of sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists in the
Commonwealth of the Northern Mariana Islands.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.

    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Willie
G. Nunn, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the Commonwealth of the Northern Mariana
Islands have been designated as adversely affected by this declared
emergency:

    Emergency protective measures (Category B), limited to direct
Federal assistance under the Public Assistance program for the
islands of Rota, Saipan, and Tinian.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-21021 Filed 9-26-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26612]
[DOCID:fr10my07-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-433-000]

Crossroads Pipeline Company; Notice of Proposed Changes in FERC
Gas Tariff

May 4, 2007.
    Take notice that on May 1, 2007, Crossroads Pipeline Company
(Crossroads) tendered for filing as part of its FERC Gas Tariff, First
Revised Volume No. 1, the following tariff sheets to become effective
date of June 1, 2007:

Fifth Revised Sheet No. 6
First Revised Sheet No. 39
First Revised Sheet No. 359
First Revised Sheet No. 360
Original Sheet No. 361

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8979 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Proposed Rules]
[Page 27973]
[FR Doc No: 2011-11724]

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

40 CFR Part 52

[EPA-R05-OAR-2010-0999; FRL-9304-9]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a request submitted by the Indiana
Department of Environmental Management on November 24, 2010 to revise
the Indiana State Implementation Plan (SIP). The submission revises the
Indiana Administrative Code (IAC) by amending and updating the
definition of ``References to the Code of Federal Regulations,'' to
refer to the 2009 edition. The submission revision also makes a minor
revision to the definition of ``Nonphotochemically reactive
hydrocarbons'' or ``negligibly photochemically reactive compounds'' by
deleting an outdated Federal Register citation.

DATES: Comments must be received on or before June 13, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0999 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Control Strategies Section (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Control Strategies
Section (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule, and if that provision may be
severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
For additional information, see the direct final rule which is located
in the Rules section of this Federal Register.

    Dated: May 3, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-11724 Filed 5-12-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Proposed Rules]
[Pages 55538-55542]
[FR Doc No: 2021-21787]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0664; Project Identifier AD-2021-00158-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 787-8, 787-9, and 787-10
airplanes. This proposed AD was prompted by significant changes,
including new or more restrictive requirements, made to the
airworthiness limitations (AWLs) related to fuel tank ignition
prevention and the nitrogen generation system. This proposed AD would
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. 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 November
22, 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 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>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0664; 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: Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA; phone:<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-2021-0664; Project Identifier
AD-2021-00158-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
this 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 Tak
Kobayashi, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA; phone:<PHONE_NUMBER>;
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

    The FAA has assessed the changes, including new or more restrictive
requirements, that have been made to the AWLs related to fuel tank
ignition prevention and the nitrogen generation system. The FAA is
issuing this AD to address ignition sources inside the fuel tanks and
increased flammability exposure of the fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which could
result in a fuel tank explosion and consequent loss of an airplane.
    The FAA issued AD 2018-11-13, Amendment 39-19301 (83 FR 25894, June
5, 2018) (AD 2018-11-13), which applies to certain The Boeing Company
Model 787-8 airplanes. AD 2018-11-13 requires, among other things,
revising the inspection or maintenance program to incorporate an AWL.
Since the FAA issued AD 2018-11-13, AWL No. 57-AWL-13, ``Inspection
Requirements for In-Tank Fasteners and Edge Seal near Disbond
Arrestment (DBA) Fastener Installations in Lightning Zone 2,'' has not
been revised, therefore, this proposed AD would require the
incorporation of AWL No. 57-AWL-13 that is also mandated by AD 2018-11-
13. Incorporating the revision required by this proposed AD would
terminate the requirements of paragraph (h) of AD 2018-11-13 for
certain Model 787-8 airplanes only.

Airworthiness Limitations Based on Type Design

    When a type certificate is issued for a type design, the
Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness, including its revision level, is part of that
type design, as specified in 14 CFR 21.31(c). U.S. operators must
operate their airplanes in an airworthy condition, in accordance with
14 CFR 91.7(a). Included in this obligation is the requirement to
perform any maintenance or inspections specified in the ALS, and in
accordance with the ALS as specified in 14 CFR 43.16 and 91.403(c),
unless an alternative has been approved by the FAA.
    The sum effect of these requirements is an obligation to comply
with the ALS revision defined in the type design referenced in the
manufacturer's conformity statement. Therefore, operators are required
to maintain each airplane in accordance with the ALS revision that has
been approved as part of the type design for that airplane. Operators
are allowed to step up and comply with a ``later'' ALS revision
published after the ``type design'' ALS revision. However, compliance
with a later ALS revision is not a mandatory requirement.
    This proposed AD applies to certain Model 787 airplanes. For those
affected airplanes, this proposed AD would require revising the
maintenance or inspection program by incorporating the information
specified in the August 2018 revision of the Model 787 ALS and thereby,
would mandate the ALS revision in the proposed AD.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing 787 Special Compliance Items/Airworthiness
Limitations, D011Z009-03-04, dated August 2018. This service
information specifies AWLs that include airworthiness limitation
instructions (ALIs) and critical design configuration control
limitations (CDCCLs) related to fuel tank ignition prevention and the
nitrogen generation system.
    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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive AWLs.
    This proposed AD would also require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
CDCCLs. Compliance with these actions is required by 14 CFR 91.403(c).
For airplanes that have been previously modified, altered, or repaired
in the areas addressed by this proposed AD, the operator may not be
able to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative

method of compliance according to paragraph (j) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 121 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the FAA estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

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-2021-0664; Project Identifier AD-
2021-00158-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 22, 2021.

(b) Affected ADs

    This AD affects AD 2018-11-13, Amendment 39-19301 (83 FR 25894,
June 5, 2018) (AD 2018-11-13).

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, having line numbers
(L/Ns) 1 through 871 inclusive, excluding L/N 688; and L/Ns 873,
875, 877, 878, 879, 881, and 883.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by significant changes, including new and
more restrictive requirements, made to the airworthiness limitations
(AWLs) related to fuel tank ignition prevention and the nitrogen
generation system. The FAA is issuing this AD to address ignition
sources inside the fuel tanks and increased flammability exposure of
the fuel tanks caused by latent failures, alterations, repairs, or
maintenance actions, which could result in a fuel tank explosion and
consequent loss of an airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 180 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Sections C through F of
Boeing 787 Special Compliance Items/Airworthiness Limitations,
D011Z009-03-04, dated August 2018. The initial compliance time for
doing the airworthiness limitation instruction (ALI) tasks is at the
times specified in paragraphs (g)(1) through (14) of this AD.
    (1) For airworthiness limitation (AWL) No. 28-AWL-89, ``Fuel
Quantity Data Concentrator (FQDC) Bracket Inspections,'' at the
applicable time in paragraph (g)(1)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 28-AWL-89: Within 5 years or 10,000 flight
cycles, whichever occur first after the most recent inspection was
performed as specified in AWL No. 28-AWL-89.
    (ii) For airplanes on which no initial inspection was performed:
Within 5 years or 10,000 flight cycles, whichever occurs first after
the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (2) For AWL No. 57-AWL-01, ``Edge and Fillet Seals at Stringer
and Spar Locations (Zone 2),'' at the applicable time in paragraph
(g)(2)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-01: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-01.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (3) For AWL No. 57-AWL-02, ``Fasteners on Bare Carbon Fiber
Reinforced Plastic (CFRP) Stripes,'' at the applicable time in
paragraph (g)(3)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-02: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-02.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (4) For AWL No. 57-AWL-03, ``Head-in-tank Thin-Sleeved
Interference-Fit Fasteners with Heads in the Fuel Tank'' at the
applicable time in paragraph (g)(4)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-03: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-03.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original

standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness.
    (5) For AWL No. 57-AWL-05, ``Titanium Collars--BACC30CT
Fasteners (Clearance Fit).'' at the applicable time in paragraph
(g)(5)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-05: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-05.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (6) For AWL No. 57-AWL-06, ``Titanium Collars--BACC30CY Collars
(Interference-Fit with Swaged Collars)'' at the applicable time in
paragraph (g)(6)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-06: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-06.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (7) For AWL No. 57-AWL-07, ``Tension-rated Bolt Locations at
Side of Body (SOB) and Nacelle Fittings'' at the applicable time in
paragraph (g)(7)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-07: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-07.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (8) For AWL No. 57-AWL-08, ``Dielectric Top on Wing Surface,''
at the applicable time in paragraph (g)(8)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-08: Within 6 years or 12,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-08.
    (ii) For airplanes on which no initial inspection was performed:
Within 6 years or 12,000 flight cycles, whichever occurs first after
the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (9) For AWL No. 57-AWL-09, ``Inspection Requirements for Class
1A Seal Installations created as a result of Boeing Material Review
Board,'' at the applicable time in paragraph (g)(9)(i) or (ii) of
this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-09: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-09.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (10) For AWL No. 57-AWL-10, ``Inspection Requirements for In-
Tank Fasteners near Side of Body (SOB) Rib and between Ribs 7 and
18,'' at the applicable time in paragraph (g)(10)(i) or (ii) of this
AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-10: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-10.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (11) For AWL No. 57-AWL-13, ``Inspection Requirements for In-
Tank Fasteners and Edge Seal near Disbond Arrestment (DBA) Fastener
Installations in Lightning Zone 2,'' at the applicable time in
paragraph (g)(11)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-13: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-13.
    (ii) For airplanes on which no initial inspection was performed:
At the applicable time in paragraph (g)(11)(ii)(A) or (B) of this
AD.
    (A) For airplanes on which Boeing Service Bulletin B787-81205-
SB570030-00 is applicable: Within 12 years or 24,000 flight cycles,
whichever occurs first after the incorporation of Boeing Service
Bulletin B787-81205-SB570030-00.
    (B) For airplanes on which Boeing Service Bulletin B787-81205-
SB570030-00 is not applicable: Within 12 years or 24,000 flight
cycles, whichever occurs first after the date of issuance of the
original standard airworthiness certificate or the date of issuance
of the original export certificate of airworthiness.
    (12) For AWL No. 57-AWL-14, ``Supplemental Inspection
Requirements for Pre-cured Sealant Caps, Fillet Seals, and Edge
Seals associated Stringer Splice Fitting Installation located at
Right Wing Upper Panel Stringer No.3, just Outboard of the Side of
Body Rib,'' at the applicable time in paragraph (g)(12)(i) or (ii)
of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-14: Within 12 years or 24,000 flight
cycles whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-14.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (13) For AWL No. 57-AWL-15, ``Inspection Requirements for Pre-
cured Sealant Caps, Injection Seals, Fillet Seals, and Edge Seals
associated with the Wing Lower Panel Stringer Attachments to the
Lower Side of Body (SOB) Chord,'' at the applicable time in
paragraph (g)(13)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-15: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-15.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.
    (14) For AWL No. 57-AWL-16, ``Supplemental Inspection
Requirements for Edge Seals located at Left Wing Upper Panel
Stringer No. 19, Between Ribs 8 and 9,'' at the applicable time in
paragraph (g)(14)(i) or (ii) of this AD.
    (i) For airplanes on which an inspection was performed as
specified in AWL No. 57-AWL-16: Within 12 years or 24,000 flight
cycles, whichever occurs first after the most recent inspection was
performed as specified in AWL No. 57-AWL-16.
    (ii) For airplanes on which no initial inspection was performed:
Within 12 years or 24,000 flight cycles, whichever occurs first
after the date of issuance of the original standard airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness.

(h) No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (j) of this AD.

(i) Terminating Actions

    Accomplishment of the revision required by paragraph (g) of this
AD terminates the requirements specified in paragraph (h) of AD
2018-11-13, for Model 787-8 airplanes only.

(j) 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 Related Information.

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.

(k) Related Information

    (1) For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA; phone:<PHONE_NUMBER>; 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 August 7, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-21787 Filed 10-5-21; 8:45 am]
BILLING CODE 4910-13-P