[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36407-36411]
[FR Doc No: 2013-13524]

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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0420; Directorate Identifier 2011-NM-284-AD;
Amendment 39-17315; AD 2013-01-01]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100
& 440) airplanes. That AD currently requires revising the airplane
flight manual, deactivating and removing certain hydraulic
accumulators, inspecting for cracks on accumulators and screw caps, and
replacing certain accumulators. For certain airplanes, this new AD
reduces the compliance time for a certain replacement. This AD was
prompted by reports of on-ground hydraulic accumulator screw cap/end
cap failure. We are issuing this AD to detect and correct hydraulic
accumulator screw cap/end cap failure, which could result in the loss
of the associated hydraulic system and high-energy impact damage to
adjacent systems and structure, and consequent loss of control of the
airplane.

DATES: This AD becomes effective July 23, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 23,
2013.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
December 22, 2011 (76 FR 71241, November 17, 2011).
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
November 4, 2010 (75 FR 64636, October 20, 2010).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 19, 2012 (77
FR 23420), and proposed to supersede AD 2011-23-08, Amendment 39-16859
(76 FR 71241, November 17, 2011), which superseded AD 2010-22-02,
Amendment 39-16481 (75 FR 64636, October 20, 2010). That NPRM proposed
to correct an unsafe condition for the specified products. Transport
Canada Civil Aviation, which is the aviation authority for Canada, has
issued Canadian Airworthiness Directive CF-2010-24, dated August 3,
2010 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Seven cases of on-ground hydraulic accumulator screw cap/end cap
failure have been experienced on CL-600-2B19 aeroplanes, resulting
in the loss of the associated hydraulic system and high-energy
impact damage to adjacent systems and structure. The lowest number
of flight cycles accumulated at the time of failure, to date, has
been 6991 flight cycles.
    The part numbers (P/N) of the accumulators currently installed
on CL-600-2B19 aeroplanes are 601R75138-1 (08-60163-001 or 08-60163-
002) [Hydraulic System No. 1, Hydraulic System No. 2, Inboard Brake
and Outboard Brake accumulators] and 601R75138-3 (08-60164-001 or
08-60164-002) [Hydraulic System No. 3 accumulator].
    A detailed analysis of the calculated line of trajectory of a
failed screw cap/end cap for each of the accumulators has been
conducted, resulting in the identification of several areas where
systems and/or structural components could potentially be damaged.
Although all of the failures to date have occurred on the ground, an
in-flight failure affecting such components could potentially have
an adverse effect on the controllability of the aeroplane.
    This [Canadian] directive gives instructions to amend the
Airplane Flight Manual (AFM), remove two accumulators (Hydraulic
System No. 2 and No. 3) from the aeroplane and conduct repetitive
ultrasonic inspections [for cracks] of the Hydraulic System No. 1,
Inboard Brake and Outboard Brake accumulators that are not
identified by the letter ``T'' after the serial number (S/N) on the
identification plate for cracks until they are replaced by new
accumulators P/N 601R75139-1 (11093-4).
* * * * *

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Remove Compliance Time

    Comair, Inc. requested that we remove paragraph (n)(2) from the
NPRM (77 FR 23420, April 19, 2012). The commenter stated its
understanding that the main reason for the change to paragraph (n) of
the NPRM is to add paragraph (n)(2) with the intent to reduce the
compliance schedule. However, Comair, Inc. reasoned that, based on the
timeline for issuance of a final rule, the 60-day compliance time that
was added to paragraph (n)(2) of the NPRM will likely extend the
compliance time by three or more months beyond the existing compliance
time for that required action (which is required by AD 2011-23-08,
Amendment 39-16859 (76 FR 71241, November 17, 2011)), instead of
reducing the compliance time.
    We disagree with the request to remove paragraph (n)(2) of the NPRM
(77 FR 23420, April 19, 2012) from the final rule. Paragraph (n) of
this AD indicates that the required action must be done at the later of
the times in paragraphs (n)(1) and (n)(2) of this AD. Paragraph (n)(1)
of this AD includes the phrase, ``whichever occurs first,'' which
requires operators to perform the action at the earlier of the times
specified in

that paragraph. Those times are tied to the effective date of AD 2011-
23-08, Amendment 39-16859 (76 FR 71241, November 17, 2011), and are
restated from that AD. Therefore, we added paragraph (n)(2) in the NPRM
as a grace period for operators that may already have exceeded the
compliance time in paragraph (n)(1) of this AD.
    We find that the reduced compliance time is necessary to address
the identified unsafe condition in a timely manner, and that a grace
period is necessary to prevent unintentionally grounding airplanes. We
have not changed the final rule in this regard.

Request To Revise Paragraph (l) of the NPRM (77 FR 23420, April 19,
2012)

    Comair, Inc. requested that we revise paragraph (l) of the NPRM (77
FR 23420, April 19, 2012) to remove the phrase, ``with reduced
compliance time for paragraph (n).'' Comair, Inc. considered this
phrase to be an error and requested that further explanation be
provided if the phrase is intended to be included.
    We agree with the commenter's request. We note that both paragraphs
(l) and (m) of the NPRM (77 FR 23420, April 19, 2012) contained similar
phrases. However, since no reference to a reduced compliance time
should be included in those paragraphs, we have deleted the phrases
from both paragraphs (l) and (m) of this final rule.

Request To Remove References to a Certain AD

    Air Wisconsin Airlines Corporation (Air Wisconsin) requested that
we revise the NPRM (77 FR 23420, April 19, 2012) to remove certain AD
references specified in paragraphs (g), (h), (i), (j), and (k) of the
NPRM. Air Wisconsin stated that those paragraphs incorrectly refer to a
previously superseded AD (AD 2010-22-02, Amendment 39-16481 (75 FR
64636, October 20, 2010)), and should instead be replaced with the most
recent AD being superseded (that is, AD 2011-23-08, Amendment 39-16859
(76 FR 71241, November 17, 2011)).
    We partially agree with the commenter's request. We revised the
introductory statement of paragraphs (g), (h), (i), (j), and (k) of
this final rule to specify that the requirements of those paragraphs
are restated from AD 2011-23-08, Amendment 39-16859 (76 FR 71241,
November 17, 2011).
    However, we have not changed the compliance times specified (or
referenced) in paragraphs (g), (h), (i), (j), and (k) of this AD. The
actions required by those paragraphs were required in AD 2010-22-02,
Amendment 39-16481 (75 FR 64636, October 20, 2010), and the compliance
times for those actions are based on the effective date of that AD.
Those restated compliance times have not been changed in this final
rule.

Request To Clarify Service Information Reference

    Air Wisconsin requested that we revise paragraphs (h) and (i) of
the NPRM (77 FR 23420, April 19, 2012) to clarify the added reference
to revised service information. The commenter noted that those
paragraphs state there is revised service information. Air Wisconsin
questioned whether the revised service information is from AD 2010-22-
02, Amendment 39-16481 (75 FR 64636, October 20, 2010); or AD 2011-23-
08, Amendment 39-16859 (76 FR 71241, November 17, 2011).
    We agree that clarification is necessary. We inadvertently
specified that revised service information is included in paragraphs
(h) and (i) of the NPRM (76 FR 71241, November 17, 2011), when, in
fact, no revised service information was included. Therefore, we have
removed those references from paragraphs (h) and (i) of this final
rule.

Request To Include the Latest Temporary Revision (TR)

    Air Wisconsin requested that we revise the NPRM (77 FR 23420, April
19, 2012) to include the latest TR to the Canadair Regional Jet AFM,
CSP A-012. The commenter noted that paragraph (g) of the NPRM pertains
to Canadair Regional Jet TR RJ/186-1, dated August 24, 2010. Air
Wisconsin requested that we add Canadair Regional Jet TR RJ/186-2,
dated July 7, 2011, as an approved method.
    We agree with the commenter's request, and have included Canadair
Regional Jet TR RJ/186-2, dated July 7, 2011, in paragraph (g) of this
final rule and in Note 1 to paragraph (g) of this final rule.

Explanation of Changes Made to This AD

    We have removed tables 1, 2, 3, 4, and 5 of this final rule.
Instead, we have included the information from those tables in the
subparagraphs of paragraphs (j)(1), (j)(2), (m), and (o)(3) of this
final rule.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--except for minor
editorial changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 23420, April 19, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 23420, April 19, 2012).

Costs of Compliance

    We estimate that this AD will affect about 605 products of U.S.
registry.
    The actions that are required by AD 2011-23-08, Amendment 39-16859
(76 FR 71241, November 17, 2011), and retained in this AD take about 33
work-hours per product, at an average labor rate of $85 per work-hour.
Required parts cost about $3,054 per product. Based on these figures,
the estimated cost of the currently required actions is $5,859 per
product.
    The new requirements of this AD add no additional economic burden.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

on a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2011-23-08, Amendment 39-16859 (76 FR 71241, November 17, 2011), and
adding the following new AD:

2013-01-01 Bombardier, Inc.: Amendment 39-17315. Docket No. FAA-
2012-0420; Directorate Identifier 2011-NM-284-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 23,
2013.

(b) Affected ADs

    This AD supersedes AD 2011-23-08, Amendment 39-16859 (76 FR
71241, November 17, 2011).

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
Power; 32, Landing Gear.

(e) Reason

    This AD was prompted by reports of on-ground hydraulic
accumulator screw cap/end cap failure. We are issuing this AD to
detect and correct hydraulic accumulator screw cap/end cap failure,
which could result in the loss of the associated hydraulic system
and high-energy impact damage to adjacent systems and structure, and
consequent loss of control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Airplane Flight Manual (AFM) Revision, With Revised
Service Information

    This paragraph restates the AFM revision required by paragraph
(g) of AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17,
2011), with revised service information. Within 30 days after
November 4, 2010 (the effective date of AD 2010-22-02, Amendment 39-
16481 (75 FR 64636, October 20, 2010)), revise the Limitations
section, Normal Procedures section, and Abnormal Procedures section
of the Canadair Regional Jet AFM, CSP A-012, by incorporating
Canadair Regional Jet Temporary Revision (TR) RJ/186-1, dated August
24, 2010; or Canadair Regional Jet TR RJ/186-2, dated July 7, 2011;
into the applicable section of Canadair Regional Jet AFM, CSP A-012.
Thereafter, except as provided by paragraph (p) of this AD, no
alternative actions specified in Canadair Regional Jet TR RJ/186-1,
dated August 24, 2010; or Canadair Regional Jet TR RJ/186-2, dated
July 7, 2011; may be approved.

    Note 1 to paragraph (g) of this AD: The actions required by
paragraph (g) of this AD may be done by inserting a copy of Canadair
Regional Jet TR RJ/186-1, dated August 24, 2010; or Canadair
Regional Jet TR RJ/186-2, dated July 7, 2011; into the applicable
section of the Canadair Regional Jet AFM, CSP A-012. When one of
these TRs has been included in the general revisions of this AFM,
the general revisions may be inserted into this AFM, and the TR
removed, provided that the relevant information in the general
revision is identical to that in Canadair Regional Jet TR RJ/186-1,
dated August 24, 2010; or Canadair Regional Jet TR RJ/186-2, dated
July 7, 2011.

(h) Retained Deactivation of the Hydraulic System No. 3 Accumulator

    This paragraph restates the deactivation required by paragraph
(h) of AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17,
2011). Within 250 flight cycles after November 4, 2010 (the
effective date of AD 2010-22-02, Amendment 39-16481 (75 FR 64636,
October 20, 2010)), deactivate the hydraulic system No. 3
accumulator, in accordance with Part A of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A601R-29-031,
Revision A, dated March 26, 2009. Doing the removal of the hydraulic
system No. 3 accumulator in paragraph (l) of this AD terminates the
requirements of this paragraph. The actions in this paragraph apply
to all accumulators in hydraulic system No. 3.

(i) Retained Removal of the Hydraulic System No. 2 Accumulator

    This paragraph restates the removal required by paragraph (i) of
AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17, 2011).
Within 500 flight cycles after November 4, 2010 (the effective date
of AD 2010-22-02, Amendment 39-16481 (75 FR 64636, October 20,
2010)), remove the hydraulic system No. 2 accumulator, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
601R-29-032, Revision A, dated January 26, 2010. The actions in this
paragraph apply to all accumulators in hydraulic system No. 2.

(j) Retained Initial and Repetitive Ultrasonic Inspections of Hydraulic
System No. 1, Inboard Brake and Outboard Brake Accumulators, With
Revised Service Information

    This paragraph restates the initial and repetitive ultrasonic
inspections required by paragraph (j) of AD 2011-23-08, Amendment
39-16859 (76 FR 71241, November 17, 2011), with revised service
information. For hydraulic system No. 1, inboard brake and outboard
brake accumulators having part number (P/N) 601R75138-1 (08-60163-
001 or 08-60163-002): At the applicable compliance times specified
in paragraph (k) of this AD, do the inspections required by
paragraphs (j)(1) and (j)(2) of this AD. Repeat the inspections for
each accumulator having P/N 601R75138-1 (08-60163-001 or 08-60163-
002) thereafter at intervals not to exceed 500 flight cycles until
the replacement specified in this paragraph is done, or the
replacement specified in paragraph (m) of this AD is done. If any
crack is found, before further flight, replace the accumulator with
a new accumulator having P/N 601R75138-1 (08-60163-001 or 08-60163-
002) and having the letter ``T'' after the serial number on the
identification plate, in accordance with the Accomplishment
Instructions of the applicable service bulletin specified in
paragraphs (j)(1)(i), (j)(1)(ii), (j)(2)(i), and (j)(2)(ii) of this
AD.

    Note 2 to paragraph (j) of this AD: For any accumulator having
P/N 601R75138-1 (08-60163-001 or 08-60163-002) and the letter ``T''
after the serial number on the identification plate, or for any
accumulator having a part number that is not listed in paragraph (j)
of this AD, the inspection specified in paragraph (j) of this AD is
not required.

    (1) Do an ultrasonic inspection for cracks on each accumulator,
in accordance with Part B of the Accomplishment Instructions of the
applicable service bulletin specified in paragraphs (j)(1)(i) and
(j)(1)(ii) of this AD.
    (i) For the hydraulic system No. 1 accumulator: Bombardier Alert
Service Bulletin A601R-29-029, Revision B, dated May 11, 2010,
including Appendix A, dated October 18, 2007.
    (ii) For the inboard and outboard brake accumulators: Bombardier
Alert Service Bulletin A601R-32-103, Revision D, dated May 11, 2010,
including Appendix A, Revision A, dated October 18, 2007.
    (2) Do an ultrasonic inspection for cracks on the screw cap, in
accordance with the Accomplishment Instructions of the

applicable service specified in paragraphs (j)(2)(i) and (j)(2)(ii)
of this AD.
    (i) For the hydraulic system No. 1 accumulator: Bombardier
Service Bulletin 601R-29-033, Revision A, dated May 11, 2010,
including Appendix A, dated May 5, 2009.
    (ii) For the inboard and outboard brake accumulators: Bombardier
Service Bulletin 601R-32-106, including Appendix A, Revision A,
dated May 11, 2010.

(k) Retained Compliance Times for the Ultrasonic Inspections of
Hydraulic System No. 1, Inboard Brake and Outboard Brake Accumulators

    This paragraph restates the compliance times required by
paragraph (k) of AD 2011-23-08, Amendment 39-16859 (76 FR 71241,
November 17, 2011). For hydraulic system No. 1 inboard brake, and
outboard brake accumulators having P/N 601R75138-1 (08-60163-001 or
08-60163-002): Do the inspections specified in paragraph (j) of this
AD at the applicable time in paragraphs (k)(1), (k)(2), and (k)(3)
of this AD.
    (1) For any accumulator not having the letter ``T'' after the
serial number on the identification plate and with more than 4,500
flight cycles on the accumulator as of November 4, 2010 (the
effective date of AD 2010-22-02, Amendment 39-16481 (75 FR 64636,
October 20, 2010)): Inspect within 500 flight cycles after November
4, 2010 (the effective date of AD 2010-22-02).
    (2) For any accumulator not having the letter ``T'' after the
serial number on the identification plate and with 4,500 flight
cycles or less on the accumulator as of November 4, 2010 (the
effective date of AD 2010-22-02, Amendment 39-16481 (75 FR 64636,
October 20, 2010)): Inspect prior to the accumulation of 5,000
flight cycles on the accumulator.
    (3) If it is not possible to determine the flight cycles
accumulated for any accumulator not having the letter ``T'' after
the serial number on the identification plate: Inspect within 500
flight cycles after November 4, 2010 (the effective date of AD 2010-
22-02, Amendment 39-16481 (75 FR 64636, October 20, 2010)).

(l) Retained Removal of the Hydraulic System No. 3 Accumulator

    This paragraph restates the removal required by paragraph (o) of
AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17, 2011).
Within 1,000 flight cycles after December 22, 2011 (the effective
date of AD 2011-23-08), remove the hydraulic system No. 3
accumulator, in accordance with Part B of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A601R-29-031,
Revision A, dated March 26, 2009. Doing the action in this paragraph
terminates the requirements of paragraph (h) of this AD.

(m) Retained Replacement of the Hydraulic System No. 1, Inboard Brake
and Outboard Brake Accumulators

    This paragraph restates the replacement required by paragraph
(p) of AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17,
2011). Within 4,000 flight cycles or 24 months after December 22,
2011 (the effective date of AD 2011-23-08), whichever occurs first,
replace any hydraulic system No. 1, inboard brake or outboard brake
accumulator having P/N 601R75138-1 (08-60163-001 or 08-60163-002),
with a new accumulator having P/N 601R75139-1 (11093-4), in
accordance with the Accomplishment Instructions of the applicable
service bulletin identified in paragraphs (m)(1) through (m)(4) of
this AD. Doing the action in this paragraph terminates the
requirement for the inspections in paragraph (j) of this AD for that
accumulator. As of December 22, 2011 (the effective date of AD 2011-
23-08), use only the applicable service bulletin specified in
paragraph (m)(2) or (m)(4) of this AD.
    (1) For the hydraulic system No. 1 accumulator: Bombardier
Service Bulletin 601R-29-035, dated May 11, 2010.
    (2) For the hydraulic system No. 1 accumulator: Bombardier
Service Bulletin 601R-29-035, Revision A, dated December 8, 2010.
    (3) For the inboard and outboard brake accumulators: Bombardier
Service Bulletin 601R-32-107, Revision A, dated June 17, 2010.
    (4) For the inboard and outboard brake accumulators: Bombardier
Service Bulletin 601R-32-107, Revision B, dated December 8, 2010.

(n) Retained Action for Airplanes on Which Bombardier Service Bulletin
601R-29-035, Dated May 11, 2010, Is Done and Reducer Having P/N
MS21916D8-6 is Installed, With Revised Compliance Time

    This paragraph restates the action required by paragraph (q) of
AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17, 2011),
with reduced compliance time. For airplanes on which Bombardier
Service Bulletin 601R-29-035, dated May 11, 2010, is done, and on
which a reducer having P/N MS21916D8-6 is installed: At the later of
the times specified in paragraphs (n)(1) and (n)(2) of this AD,
replace the reducer of the hydraulic system No. 1 with a new
reducer, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 601R-29-035, Revision A,
dated December 8, 2010.
    (1) Within 1,200 flight cycles or 8 months after December 22,
2011 (the effective date of AD 2011-23-08, Amendment 39-16859 (76 FR
71241, November 17, 2011)), whichever occurs first.
    (2) Within 60 days after the effective date of this AD.

(o) Retained Credit for Previous Actions

    (1) This paragraph provides credit for deactivating the
hydraulic system No. 3 accumulator required by paragraph (h) of this
AD, if the deactivation was performed before November 4, 2010 (the
effective date of AD 2010-22-02, Amendment 39-16481 (75 FR 64636,
October 20, 2010)), using Bombardier Alert Service Bulletin A601R-
29-031, dated December 23, 2008, which is not incorporated by
reference in this AD.
    (2) This paragraph provides credit for removing the hydraulic
system No. 2 accumulator required by paragraph (i) of this AD, if
the removal was performed before November 4, 2010 (the effective
date of AD 2010-22-02, Amendment 39-16481 (75 FR 64636, October 20,
2010)), using Bombardier Service Bulletin 601R-29-032, dated
November 12, 2009, which is not incorporated by reference in this
AD.
    (3) This paragraph provides credit for an ultrasonic inspection
for cracks required by paragraph (j) of this AD, if the ultrasonic
inspection was performed before November 4, 2010 (the effective date
of AD 2010-22-02, Amendment 39-16481 (75 FR 64636, October 20,
2010)), using the applicable service bulletin identified in
paragraphs (o)(3)(i) through (o)(3)(viii) of this AD; as applicable;
which are not incorporated by reference in this AD.
    (i) Bombardier Alert Service Bulletin A601R-29-029, dated
October 18, 2007.
    (ii) Bombardier Alert Service Bulletin A601R-29-029, Revision A,
dated November 12, 2009.
    (iii) Bombardier Alert Service Bulletin A601R-32-103, dated
November 21, 2006.
    (iv) Bombardier Alert Service Bulletin A601R-32-103, Revision A,
dated March 7, 2007.
    (v) Bombardier Alert Service Bulletin A601R-32-103, Revision B,
dated October 18, 2007.
    (vi) Bombardier Alert Service Bulletin A601R-32-103, Revision C,
dated February 26, 2009.
    (vii) Bombardier Service Bulletin 601R-29-033, dated May 5,
2009.
    (viii) Bombardier Service Bulletin 601R-32-106, dated May 5,
2009.
    (4) This paragraph provides credit for removing the hydraulic
system No. 3 accumulator required by paragraph (l) of this AD, if
the removal was performed before December 22, 2011 (the effective
date of AD 2011-23-08, Amendment 39-16859 (76 FR 71241, November 17,
2011)), using Bombardier Alert Service Bulletin A601R-29-031, dated
December 23, 2008, which is not incorporated by reference in this
AD.
    (5) This paragraph provides credit for replacing any inboard
brake or outboard brake accumulator required by paragraph (m) of
this AD, if the replacement was performed before December 22, 2011
(the effective date of AD 2011-23-08, Amendment 39-16859 (76 FR
71241, November 17, 2011)), using Bombardier Service Bulletin 601R-
32-107, dated May 11, 2010, which is not incorporated by reference
in this AD.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC,

notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (i) AMOCs approved previously in accordance with AD 2010-22-02,
Amendment 39-16481 (75 FR 64636, October 20, 2010), are approved as
AMOCs for the corresponding provisions of this AD.
    (ii) AMOCs approved previously in accordance with AD 2011-23-08,
Amendment 39-16859 (76 FR 71241, November 17, 2011), are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(q) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2010-24, dated
August 3, 2010, and the service bulletins specified in paragraphs
(q)(1) through (q)(12) of this AD, for related information.
    (1) Bombardier Alert Service Bulletin A601R-29-029, Revision B,
dated May 11, 2010, including Appendix A, dated October 18, 2007.
    (2) Bombardier Alert Service Bulletin A601R-29-031, Revision A,
dated March 26, 2009.
    (3) Bombardier Alert Service Bulletin A601R-32-103, Revision D,
dated May 11, 2010, including Appendix A, Revision A, dated October
18, 2007.
    (4) Bombardier Service Bulletin 601R-29-032, Revision A, dated
January 26, 2010.
    (5) Bombardier Service Bulletin 601R-29-033, Revision A, dated
May 11, 2010, including Appendix A, dated May 5, 2009.
    (6) Bombardier Service Bulletin 601R-29-035, dated May 11, 2010.
    (7) Bombardier Service Bulletin 601R-29-035, Revision A, dated
December 8, 2010.
    (8) Bombardier Service Bulletin 601R-32-106, Revision A,
including Appendix A, dated May 11, 2010.
    (9) Bombardier Service Bulletin 601R-32-107, Revision B, dated
December 8, 2010.
    (10) Bombardier Service Bulletin 601R-32-107, Revision A, dated
June 17, 2010.
    (11) Canadair Regional Jet Temporary Revision RJ/186-1, dated
August 24, 2010, to the Canadair Regional Jet Airplane Flight
Manual, CSP A-012.
    (12) Canadair Regional Jet TR RJ/186-2, dated July 7, 2011 to
the Canadair Regional Jet Airplane Flight Manual, CSP A-012.

(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 23, 2013.
    (i) Canadair Regional Jet TR RJ/186-2, dated July 7, 2011, to
the Canadair Regional Jet Airplane Flight Manual, CSP A-012.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
December 22, 2011 (76 FR 71241, November 17, 2011)).
    (i) Bombardier Service Bulletin 601R-29-035, Revision A, dated
December 8, 2010.
    (ii) Bombardier Service Bulletin 601R-32-107, Revision B, dated
December 8, 2010.
    (5) The following service information was approved for IBR on
November 4, 2010 (75 FR 64636, October 20, 2010).
    (i) Bombardier Alert Service Bulletin A601R-29-029, Revision B,
dated May 11, 2010, including Appendix A, dated October 18, 2007.

    Note 3 to paragraphs (r)(5)(i), (r)(5)(iii), (r)(5)(v), and
(r)(5)(vii) of this AD: In Appendix A to these documents, the
document number is shown only on page A1 of these appendices.

    (ii) Bombardier Alert Service Bulletin A601R-29-031, Revision A,
dated March 26, 2009.
    (iii) Bombardier Alert Service Bulletin A601R-32-103, Revision
D, dated May 11, 2010, including Appendix A, Revision A, dated
October 18, 2007.
    (iv) Bombardier Service Bulletin 601R-29-032, Revision A, dated
January 26, 2010.
    (v) Bombardier Service Bulletin 601R-29-033, Revision A, dated
May 11, 2010, including Appendix A, dated May 5, 2009.
    (vi) Bombardier Service Bulletin 601R 29 035, dated May 11,
2010.
    (vii) Bombardier Service Bulletin 601R-32-106, Revision A,
including Appendix A, dated May 11, 2010.
    (viii) Bombardier Service Bulletin 601R-32-107, Revision A,
dated June 17, 2010.
    (ix) Canadair Regional Jet Temporary Revision RJ/186-1, dated
August 24, 2010, to the Canadair Regional Jet Airplane Flight
Manual, CSP A-012.
    (6) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (7) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (8) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 28, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-13524 Filed 6-17-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17411-17412]
[FR Doc No: 2011-7352]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Intent To File License Application, Filing of Pre-
Application Document, and Approving Use of the Traditional Licensing
Process

------------------------------------------------------------------------
                                                   Project Nos.
------------------------------------------------------------------------
Free Flow Power Corporation............  P-13441-001
                                         P-13456-001
                                         P-13455-001
------------------------------------------------------------------------

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project Nos. 13441-001, 13456-001, and 13455-001.
    c. Dated Filed: January 10, 2011.
    d. Submitted By: Free Flow Power Corporation (Free Flow Power).
    e. Name of Projects: Mississippi Lock & Dam No. 16 Project, P-
13441-001; Mississippi Lock and Dam Project No. 17 Project, P-13456-
001; and Mississippi Lock and Dam Project No. 18 Project, P-13455-001.
    f. Location: At existing locks and dams owned and operated by the
U.S. Army Corps of Engineers on the Mississippi River in Iowa and
Illinois. (See table below for specific project locations).

----------------------------------------------------------------------------------------------------------------
           Project No.                        Projects              County(s)/State(s)      Township(s) name
----------------------------------------------------------------------------------------------------------------
P-13441..........................  Mississippi Lock and Dam No.    Rock Island, IL....  Drury, IL.
                                    16.
                                   ..............................  Muscatine, IA......  Sweetland, IA.
P-13456..........................  Mississippi Lock and Dam No.    Mercer, IL.........  New Boston, IL.
                                    17.
                                   ..............................  Louisa, IA.........  Jefferson, IA.
P-13455..........................  Mississippi Lock and Dam No.    Henderson, IL......  Gladstone, IL.
                                    18.
                                   ..............................  Des Moines, IA.....  Oquawkaq, IL.
                                   ..............................  ...................  Burlington, IA.
----------------------------------------------------------------------------------------------------------------

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 808(b)(1) and 18
CFR 5.5 of the Commission's regulations.
    h. Potential Applicant Contact: Ramya Swaminathan, Chief Operating
Officer, Free Flow Power, 239 Causeway Street, Boston, MA 02114-2130;
or at<PHONE_NUMBER>.
    i. FERC Contact: Lesley Kordella at<PHONE_NUMBER>; or e-mail at
<EMAIL_ADDRESS>    j. On January 10, 2011, Free Flow Power filed its request to use
the Traditional Licensing Process and provided public notice of its
request. In a letter dated March 11, 2011, the Director, Division of
Hydropower Licensing, approved the request to use the Traditional
Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; (b) NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920; and (c) the Illinois and
Iowa State Historic Preservation Officers, as required by section 106
of the National Historic Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating Free Flow Power as the
Commission's non-Federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act,
section 305 of the Magnuson-Stevens Fishery Conservation and Management
Act, and section 106 of the National Historic Preservation Act.
    m. Free Flow Power filed a Pre-Application Document (PAD),
including a proposed process plan and schedule with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: March 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7352 Filed 3-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18090-18095]
[FR Doc No: 2021-07117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91456; File No. SR-CBOE-2021-019]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 4.5 (Series of Option Contracts Open for Trading) in Connection
With Limiting the Number of Strikes Listed for Short Term Option Series
Which Are Available for Quoting and Trading on the Exchange

April 1, 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 March 19, 2021, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') 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 Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 4.5 (Series of Option Contracts Open for Trading) in
connection with limiting the number of strikes listed for Short Term
Option Series which are available for quoting and trading on the
Exchange. The text of the proposed rule change is provided in Exhibit
5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 Rule 4.5 (Series of Option Contracts
Open for Trading). Specifically, this proposal seeks to widen the
intervals between strikes in order to limit the number of strikes
listed for multiply listed equity options classes (excluding options on
Exchange-Traded Funds (``ETFs'') and Exchange-Traded Notes (``ETNs''))
within the Short Term Option Series program that have an expiration
date more than 21 days from the listing date.
Background
    Current Rule 4.5 permits the Exchange, after a particular class of
options (call option contracts or put option contracts relating to a
specific underlying stock, which includes ETFs \5\ and ETNs \6\ or
calculated index) has been approved for listing and trading on the
Exchange, to open for trading series of options therein. The Exchange
may list series of options for trading on a

weekly,\7\ monthly \8\ or quarterly \9\ basis. Interpretation and
Policy .01 to Rule 4.5 sets forth the intervals between strike prices
of series of options on individual stocks generally,\10\ and Rule
4.5(d)(5) specifically sets forth intervals between strike prices on
Short Term Option Series. Additionally, the Exchange may list series of
options pursuant to the $1 Strike Price Interval Program,\11\ the $0.50
Strike Program,\12\ the $2.50 Strike Price Program,\13\ and the $5
Strike Program.\14\
---------------------------------------------------------------------------

    \5\ The term ``ETF'' (Exchange-Traded Fund) (and the term
``Unit'') means a share or other security traded on a national
securities exchange and defined as an NMS stock as set forth in Rule
4.3. See Rule 1.1; see also Rule 4.3.06(a). Securities deemed
appropriate for options trading include Units that: (1) Represent
interests in registered investment companies (or series thereof)
organized as open-end management investment companies, unit
investment trusts or similar entities that hold portfolios of
securities and/or financial instruments including, but not limited
to, stock index futures contracts, options on futures, options on
securities and indexes, equity caps, collars and floors, swap
agreements, forward contracts, repurchase agreements and reverse
purchase agreements (the ``Financial Instruments''), and money
market instruments, including, but no limited to, U.S. government
securities and repurchase agreements (the ``Money Market
Instruments'') comprising or otherwise based on or representing
investments in indexes or portfolios of securities and/or Financial
Instruments and Money Market Instruments (or that hold securities in
one or more other registered investment companies that themselves
hold such portfolios of securities and/or Financial Instruments and
Money Market Instruments); or (2) represent interests in a trust or
similar entity that holds a specified non-U.S. currency deposited
with the trust or similar entity when aggregated in some specified
minimum number may be surrendered to the trust by the beneficial
owner to receive the specified non-U.S. currency and pays the
beneficial owner interest and other distributions on deposited non-
U.S. currency, if any, declared and paid by the trust (``Currency
Trust Shares''); or (3) represent commodity pool interests
principally engaged, directly or indirectly, in holding and/or
managing portfolios or baskets of securities, commodity futures
contracts, options on commodity futures contracts, swaps, forward
contracts and/or options on physical commodities and/or non-U.S.
currency (``Commodity Pool Units''); or (4) represent interests in
the SPDR Gold Trust or the iShares COMEX Gold Trust or the iShares
Silver Trust or the ETFS Silver Trust or the ETFS Gold Trust or the
ETFS Palladium Trust or the ETFS Platinum Trust or the Sprott
Physical Gold Trust; or (5) represents an interest in a registered
investment company (``Investment Company'') organized as an open-end
management investment company or similar entity, that invests in a
portfolio of securities selected by the Investment Company's
investment adviser consistent with the Investment Company's
investment objectives and policies, which is issued in a specified
aggregate minimum number in return for a deposit of a specified
portfolio of securities and/or a cash amount with a value equal to
the next determined net asset value (``NAV''), and when aggregated
in the same specified minimum number, may be redeemed at a holder's
request, which holder will be paid a specified portfolio of
securities and/or cash with a value equal to the next determined NAV
(``Managed Fund Share'').
    \6\ The term ``ETN'' (Exchange-Traded Note) (and the term
``Index-Linked Security'') means a share traded on a national
securities exchange that is an NMS stock and represents ownership of
a security that provides for payment at maturity as set forth in
Rule 4.3. See Rule 1.1; see also Rule 4.3.13(a). Securities deemed
appropriate for options trading shall include shares or other
securities (``Equity Index-Linked Securities,'' ``Commodity-Linked
Securities,'' ``Currency-Linked Securities,'' ``Fixed Income Index-
Linked Securities,'' ``Futures-Linked Securities,'' and
``Multifactor Index-Linked Securities,'' collectively known as
``Index-Linked Securities'' or ETNs) that are principally traded on
a national securities exchange and an NMS Stock, and represent
ownership of a security that provides for the payment at maturity.
    \7\ The weekly listing program is known as the Short Term Option
Series Program and is described within Rule 4.5(d).
    \8\ The Exchange will open at least one expiration month for
each class of options open for trading on the Exchange. See Rule
4.5(b). The monthly expirations are subject to certain listing
criteria for underlying securities described within Rule 4.3.
Monthly listings expire the third Friday of the month. The term
``expiration date'' when used in respect of a series of binary
options other than event options means the last day on which the
options may be automatically exercised. In the case of a series of
event options (other than credit default options or credit default
basket options) that are be automatically exercised prior to their
expiration date upon receipt by the Corporation of an event
confirmation, the expiration date is the date specified by the
listing Exchange; provided, however, that when an event confirmation
is deemed to have been received by the Corporation with respect to
such series of options, the expiration date will be accelerated to
the date on which such event confirmation is deemed to have been
received by the Corporation or such later date as the Corporation
may specify. In the case of a series of credit default options or
credit default basket options, the expiration date is the fourth
business day after the last trading day for such series as such
trading day is specified by the Exchange on which the series of
options is listed; provided, however, that when an event
confirmation is deemed to have been received by the Corporation with
respect to a series of credit default options or single payout
credit default basket options prior to the last trading day for such
series, the expiration date for options of that series will be
accelerated to the second business day following the day on which
such event confirmation is deemed to have been received by the
Corporation. ``Expiration date'' means, in respect of a series of
range options expiring prior to February 1, 2015, the Saturday
immediately following the third Friday of the expiration month of
such series, and, in respect of a series of range options expiring
on or after February 1, 2015 means the third Friday of the
expiration month of such series, or if such Friday is a day on which
the Exchange on which such series is listed is not open for
business, the preceding day on which such Exchange is open for
business. See The Options Clearing Corporation (``OCC'') By-Laws at
Section 1.
    \9\ The quarterly listing program is known as the Quarterly
Options Series Program and is described within Rule 4.5(e).
    \10\ The interval between strike prices of series of options on
individual stocks may be $2.50 or greater where the strike price is
$25.00 or less; provided, however, that the Exchange may not list
$2.50 intervals (e.g., $12.50, $17.50) for any class included within
the $1 Strike Program if the addition of $2.50 intervals would cause
the class to have strike price intervals that are $0.50 apart. See
Rule 4.5.01(c). The interval between strike prices of series of
options in individual stocks may be $5.00 or greater where the
strike price is greater than $25.00. See Rule 4.5.01(d). The
interval between strike prices of series of options in individual
stocks may be $10.00 or greater where the strike price is greater
than $200, except as provided in paragraph (f). See Rule 4.5.01(d).
See also Rule 4.5.07, which provides for the permissible strike
price intervals for options in Units (i.e., ETFs) generally, and for
options on options on Units of the Standard & Poor's Depository
Receipts Trust (``SPY''), iShares S&P 500 Index ETF (``IVV''),
PowerShares QQQ Trust (``QQQ''), iShares Russell 2000 Index Fund
(``IWM''), and The DIAMONDS Trust (``DIA'').
    \11\ The $1 Strike Interval Program is described within Rule
4.5.01(a).
    \12\ The $0.50 Strike Program is described within Rule
4.5.01(b).
    \13\ The $2.50 Strike Price Program is described within Rule
4.5.04.
    \14\ The $5 Strike Program is described within Rule 4.5.01(f).
---------------------------------------------------------------------------

    The Exchange's proposal seeks to amend the listing of weekly series
of options (i.e. Short Term Option Series) by adopting new Rule
4.5(d)(6),\15\ which widens the permissible intervals between strikes,
thereby limiting the number of strikes listed, for multiply listed
equity options (excluding options on ETFs and ETNs) that have an
expiration date more than 21 days from the listing date. This proposal
does not amend the monthly or quarterly listing rules, nor does it
amend the $1 Strike Price Interval Program, the $0.50 Strike Program,
the $2.50 Strike Price Program, or the $5 Strike Program.
---------------------------------------------------------------------------

    \15\ As a result, the proposed rule change subsequently updates
current Rule 4.5(d)(6) (Delisting) to Rule 4.5.(d)(7).
---------------------------------------------------------------------------

Short Term Option Series Program
    After an option class has been approved for listing and trading on
the Exchange,\16\ Rule 4.5(d) permits the Exchange to open for trading
on any Thursday or Friday that is a business day (``Short Term Option
Opening Date'') series of options on that class that expire at the
close of business on each of the next five Fridays that are business
days and are not Fridays on which monthly options series or Quarterly
Options Series expire (``Short Term Option Expiration Dates''). The
Exchange may select up to fifty currently listed option classes on
which Short Term Option Series may be opened on any Short Term Option
Opening Date. In addition to the fifty option class restriction, the
Exchange may also list Short Term Option Series on any option classes
that are selected by other securities exchanges that employ a similar
program under their respective rules. For each option class eligible
for participation in the Short Term Option Series Program, the Exchange
may open up to 30 Short Term Option Series for each expiration date in
that class. The Exchange may also open Short Term Option Series that
are opened by other securities exchanges in option classes selected by
such exchanges under their respective short term option rules.\17\
Pursuant to Rule 4.5(d)(3), the Exchange may open up to 20 initial
series for each option class that participates in the Short Term Option
Series Program and, pursuant to Rule 4.5(d)(4), may open up to 10
additional series for each option class that participates in the Short
Term Option Series Program when the Exchange deems it necessary to
maintain an orderly market, to meet customer demand or when the market
price of the underlying security moves substantially from the exercise
price or prices of the series already opened. Rule 4.5(d)(5) provides
that the interval between strike prices on Short Term Option Series may
be: (i) $0.50 or greater where the strike price is less than $100, and
$1 or greater where the strike price is between $100 and $150 for all
classes that participate in the Short Term Option Series Program; (ii)
$0.50 or greater for classes that trade in one dollar increments in
non-Short

Term Options and that participate in the Short Term Option Series
Program; or (iii) $2.50 or greater where the strike price is above
$150.\18\
---------------------------------------------------------------------------

    \16\ The Exchange may have no more than a total of five Short
Term Option Expiration Dates. Monday and Wednesday SPY Expirations
(described in the paragraph below) are not included as part of this
count. If the Exchange is not open for business on the respective
Thursday or Friday, the Short Term Option Opening Date will be the
first business day immediately prior to that respective Thursday or
Friday. Similarly, if the Exchange is not open for business on a
Friday, the Short Term Option Expiration Date will be the first
business day immediately prior to that Friday. The Exchange may open
for trading on any Friday or Monday that is a business day (``Monday
SPY Expiration Opening Date'') series of options on the SPDR S&P 500
ETF Trust (``SPY'') that expire at the close of business each of the
next five Mondays that are business days and are no Mondays on which
Quarterly Options Series expire (``Monday SPY Expirations''),
provided that any Monday SPY Expiration Opening Date that is a
Friday is one business week and one business day prior to
expiration. The Exchange may also open for trading on any Tuesday or
Wednesday that is a business day (``Wednesday SPY Expiration Opening
Date'') series of SPY options that expire at the close of business
on each of the next five Wednesdays that are business days and are
not Wednesdays on which Quarterly Options Series expire (``Wednesday
SPY Expirations''). The Exchange may have no more than a total of
five Monday SPY Expirations and no more than a total of five
Wednesday SPY Expirations. Non-Monday and non-Wednesday SPY
Expirations (described in the paragraph above) are not included as
part of this count. If the Exchange is not open for business on the
respective Friday or Monday, the Monday SPY Expiration Opening Date
will be the first business day immediately prior to that respective
Friday or Monday. If the Exchange is not open for business on a
Monday, the expiration date for a Monday SPY Expiration will be the
first business day immediately following that Monday. If the
Exchange is not open for business on the respective Tuesday or
Wednesday, the Wednesday SPY Expiration Opening Date will be the
first business day immediately prior to that respective Tuesday or
Wednesday. Similarly, if the Exchange is not open for business on a
Wednesday, the expiration date for a Wednesday SPY Expiration will
be the first business day immediately prior to that Wednesday. See
Rule 4.5(d).
    \17\ See Rule 4.5(d)(1).
    \18\ Additionally, Rule 4.5(d)(5) provides that a non-Short Term
Option that is on a class that has been selected to participate in
the Short Term Option Series Program is referred to as a ``Related
non-Short Term Option.'' Rule 4.5(d) generally provides that related
non-Short Term Option series shall be opened during the month prior
to expiration in the same manner as permitted in Rule 4.5(d) and in
the same strike price intervals that are permitted for Short Term
Option Series in Rule 4.5(d)(5).
---------------------------------------------------------------------------

    The Exchange notes that listings in the weekly program comprise a
significant part of the standard listing in options markets and that
the industry has observed a notable increase over approximately the
last five years in compound annual growth rate (``CAGR'') of weekly
strikes as compared to CAGR for standard third-Friday expirations.\19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 91125 (February 12,
2021), 86 FR 10375 (February 19, 2021) (SR-BX-2020-032) (``BX Strike
Interval Approval Order''); and SR-2020-BX-032 as amended by
Amendment No. 1 (February 10, 2021) available at: https://www.sec.gov/comments/sr-bx-2020-032/srbx2020032-8359799-229182.pdf
(``BX proposal''); see also BX Options Strike Proliferation Proposal
(February 25, 2021) available at: https://www.nasdaq.com/solutions/bx-options-strike-proliferation-proposal).
---------------------------------------------------------------------------

Proposal
    The Exchange proposes to widen the intervals between strikes in
order to limit the number of strikes listed for equity options
(excluding options on ETFs and ETNs) listed as part of the Short Term
Option Series Program that have an expiration date more than 21 days
from the listing date, by adopting proposed Rule 4.5(d)(6). The
Exchange notes that this proposal is substantively identical to the
strike interval proposal recently submitted by Nasdaq BX, Inc. (``BX'')
and approved by the Securities and Exchange Commission
(``Commission'').\20\
---------------------------------------------------------------------------

    \20\ See BX Strike Interval Approval Order, id.
---------------------------------------------------------------------------

    The proposal widens intervals between strikes for expiration dates
of equity option series (excluding options on ETFs and ETNs) beyond 21
days utilizing the three-tiered table in proposed Rule 4.5(d)(6)
(presented below) which considers both the Share Price and Average
Daily Volume for the option series. The table indicates the applicable
strike intervals and supersedes Rule 4.5(d)(4), which currently permits
10 additional series to be opened for trading on the Exchange when the
Exchange deems it necessary to maintain an orderly market, to meet
customer demand or when the market price of the underlying security
moves substantially from the exercise price or prices of the series
already opened. As a result of the proposal, Rule 4.5(d)(4) would not
permit an additional series of an equity option to have an expiration
date more than 21 days from the listing date to be opened for trading
on the Exchange despite the noted circumstances in subparagraph (d)(4)
when such additional series may otherwise be added.
---------------------------------------------------------------------------

    \21\ The Exchange notes that while the term ``greater than'' is
not present in this cell in the corresponding BX rule, the Exchange
has inserted it for clarity, otherwise an Average Daily Volume of
1,000 contracts could be read to fall into two categories.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Share price
                                                                         -------------------------------------------------------------------------------
                 Tier                         Average daily volume                          $25 to less     $75 to less    $150 to less       $500 or
                                                                           Less than $25     than $75        than $150       than $500        greater
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................................  Greater than 5,000..............           $0.50           $1.00           $1.00           $5.00           $5.00
2.....................................  Greater than 1,000 to 5,000 \21\            1.00            1.00            1.00            5.00           10.00
3.....................................  0 to 1,000......................            2.50            5.00            5.00            5.00           10.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Proposed Rule 4.5(d)(6)(A) provides that the Share Price is the
closing price on the primary market on the last day of the calendar
quarter. This value is used to derive the column from which to apply
strike intervals throughout the next calendar quarter. Also, proposed
Rule 4.5(d)(6)(A) provides that in the event of a corporate action, the
Share Price of the surviving company is utilized.\22\ Proposed Rule
4.5(d)(6)(B) provides that the Average Daily Volume is the total number
of option contracts traded in a given security for the applicable
calendar quarter divided by the number of trading days in the
applicable calendar quarter. Beginning on the second trading day in the
first month of each calendar quarter, the Average Daily Volume is
calculated by utilizing data from the prior calendar quarter based on
Customer-cleared volume at OCC. For options listed on the first trading
day of a given calendar quarter, the Average Daily Volume is calculated
using the calendar quarter prior to the last trading calendar
quarter.\23\ Pursuant to current Rule 4.5(d), if the Exchange is not
open for business on the respective Thursday or Friday, the Short Term
Option Opening Date will be the first business day immediately prior to
that respective Thursday or Friday.
---------------------------------------------------------------------------

    \22\ The Exchange notes that corporate actions resulting in
change ownership would result in a surviving company, such as a
merger of two publicly listed companies, and the Share Price of the
surviving company would be used to determine strike intervals
pursuant to the proposed table. Corporate actions that do not result
in a change of ownership, such as stock-splits or distribution of
special cash dividends, would not result in a ``surviving company,''
therefore would not impact which Share Price to apply pursuant to
the proposed Rule.
    \23\ For example, options listed as of April 1, 2021 would be
calculated on April 2, 2021 using the Average Daily Volume from
October 1, 2020 to December 31, 2020.
---------------------------------------------------------------------------

    By way of example, if the Share Price for a symbol was $142 at the
end of a calendar quarter, with an Average Daily Volume greater than
5,000, thereby requiring strike intervals to be listed $1.00 apart,
that strike interval would apply for the calendar quarter, regardless
of whether the Share Price changed to $150 or greater during that
calendar quarter.\24\ The proposed table within Rule 4.5(d)(6) takes
into account the notional value of a security, as well as Average Daily
Volume in the underlying stock, in order to widen the intervals between
strikes and thereby limit the number of strikes listed for equity
options (excluding options on ETFs and ETNs) in the Short Term Option
Series listing program. The Exchange will utilize OCC Customer-cleared
volume, as customer volume is an appropriate proxy for demand. The OCC
Customer-cleared volume represents the majority of options volume
executed on the Exchange, which, in turn, reflects the demand in the
marketplace. The options series listed on the Exchange are intended to
meet customer demand by offering an appropriate number of strikes. Non-
Customer cleared OCC volume generally represents the supply side.
---------------------------------------------------------------------------

    \24\ The Exchange notes that any strike intervals imposed by the
Exchange's Rules will continue to apply. In this example, the
strikes would be in $1 intervals up to (but not including) $150,
which is the upper limit imposed by Rule 4.5(d)(5).
---------------------------------------------------------------------------

    The proposal is intended to remove repetitive and unnecessary
strike listings across the weekly expiries.

Specifically, the proposal seeks to reduce the number of strikes listed
in the furthest weeklies, which generally have wider markets and
therefore lower market quality.\25\ The proposed strike intervals are
intended to widen permissible strike intervals in multiply listed
equity options (excluding options on ETFs and ETNs) where there is less
volume as measured by the Average Daily Volume tiers. Therefore, the
lower the Average Daily Volume, the greater the proposed spread between
strike intervals. Options classes with higher volume contain the most
liquid symbols and strikes, which the Exchange believes makes the finer
proposed spread between strike intervals for those symbols appropriate.
Additionally, lower-priced shares have finer strike intervals than
higher-priced shares when comparing the proposed spread between strike
intervals. Today, weeklies are available on 16% of underlying products.
The proposal limits the density of strikes listed in series of options,
without reducing the classes of options available for trading on the
Exchange. Short Term Option Series with an expiration date greater than
21 days from the listing date currently equate to 7.5% of the total
number of strikes in the options market, which equals 81,000
strikes.\26\ The Exchange expects this proposal to result in the
limitation of approximately 20,000 strikes within the Short Term Option
Series, which is approximately 2% of the total strikes in the options
markets.\27\ The Exchange understands there has been an inconsistency
of demand for series of options beyond 21 calendar days.\28\ The
proposal takes into account customer demand for certain options
classes, by considering both the Share Price and the Average Daily
Volume, in order to remove certain strike intervals where there exist
clusters of strikes whose characteristics closely resemble one another
and, therefore, do not serve different trading needs,\29\ rendering
these strikes less useful. The Exchange also notes that the proposal
focuses on strikes in multiply listed equity options, and excludes ETFs
and ETNs, as the majority of strikes reside within equity options.
---------------------------------------------------------------------------

    \25\ See BX proposal, supra note 19, which presents tables that
focus on data for 10 of the most and least actively traded symbols
and demonstrate average spreads in weekly options during the month
of August 2020.
    \26\ The Exchange notes that this proposal is an initial attempt
at reducing strikes and anticipates filing additional proposals to
continue reducing strikes. The percentage of underlying products and
percentage of and total number of strikes, are approximations and
may vary slightly at the time of this filing. The Exchange intends
to decrease the overall number of strikes listed on the Cboe Cboe-
affiliated options exchanges in a methodical fashion, so that it may
monitor progress and feedback from its Trading Permit Holders
(``TPHs''). The Exchange also notes that its affiliated options
exchanges, Cboe EDGX Exchange, Inc. (``EDGX Options'') and Cboe BZX
Exchange, Inc. (``BZX Options'') plan to submit identical proposals
(Cboe C2 Exchange, Inc. incorporates Rule 4.5 by reference).
    \27\ From information drawn from time period between January
2020 and May 2020. See BX proposal, supra note 19.
    \28\ See BX proposal, supra note 19.
    \29\ For example, two strikes that are densely clustered may
have the same risk properties and may also be the same percentage
out-of-the money.
---------------------------------------------------------------------------

    Additionally, proposed Rule 4.5(d)(6)(C) provides that options that
are newly eligible for listing pursuant to Rule 4.3 and designated to
participate in the Short Term Option Series program pursuant to Rule
4.5(d) will not be subject to subparagraph (d)(6) (as proposed) until
after the end of the first full calendar quarter following the date the
option class was first listed for trading on any options market.\30\ As
proposed, the Exchange is permitted to list options on newly eligible
listings, without having to apply the wider strike intervals, until the
end of the first full calendar quarter after such options were listed.
The proposal thereby permits the Exchange to add strikes to meet
customer demand in a newly listed options class. A newly eligible
option class may fluctuate in price after its initial listing; such
volatility reflects a natural uncertainty about the security. By
deferring the application of the proposed wider strike intervals until
after the end of the first full calendar quarter, additional
information on the underlying security will be available to market
participants and public investors, as the price of the underlying has
an opportunity to settle based on the price discovery that has occurred
in the primary market during this deferment period. Also, the Exchange
has the ability to list as many strikes as are permissible for the
Short Term Option Series once the expiry is no more than 21 days. Short
Term Option Series that have an expiration date no more than 21 days
from the listing date are not subject to the proposed strike intervals,
which allows the Exchange to list additional, and potentially narrower,
strikes in the event of market volatility or other market events. These
metrics are intended to align expectations for determining which strike
intervals will be utilized. Finally, proposed Rule 4.5(d)(6)(D)
provides that, notwithstanding the strike intervals imposed in proposed
subparagraph (d)(6), the proposal does not amend the range of strikes
that may be listed pursuant to subparagraph (d)(5).
---------------------------------------------------------------------------

    \30\ For example, if an options class became newly eligible for
listing pursuant to Rule 4.3 on March 1, 2021 (and was actually
listed for trading that day), the first full quarterly lookback
would be available on July 1, 2021. This option would become subject
to the proposed strike intervals on July 2, 2021.
---------------------------------------------------------------------------

    While the current listing rules permit the Exchange to list a
number of weekly strikes on its market, in an effort to encourage
Market-Makers to deploy capital more efficiently, as well as improve
displayed market quality, the proposal aims to reduce the density of
strikes listed in later weeks by widening the intervals between strikes
listed for equity options (excluding options on ETFs and ETNs) which
have an expiration date more than 21 days from the listing date. The
Exchange requires Designated Primary Market-Makers (``DPMs''), Lead
Market-Makers (``LMMs'') and Market-Makers to quote during a certain
amount of time in the trading day and in a certain percentage of series
in their assigned options classes to maintain liquidity in the
market.\31\ With an increasing number of strikes being listed across
options exchanges, Market-Makers must expend their capital to ensure
that they have the appropriate infrastructure to meet their quoting
obligations on all options markets in which they are assigned in option
classes. The Exchange believes that by widening the intervals between
strikes listed for equity options (excluding options on ETFs and ETNs),
thus reducing the number of strikes listed on the Exchange, the
proposal will likewise reduce the number of weekly strikes in which
DPMs, LMMs and Market-Makers are required to quote and, as a result,
allow DPMs, LMMs and Market Makers to expend their capital in the
options market in a more efficient manner. Due to this increased
efficiency, the Exchange believes that the proposal may improve overall
market quality on the Exchange by widening the intervals between
strikes in multiply listed equity options (excluding options on ETFs
and ETNs) that have an expiration date more than 21 days from the
listing date. The proposal is intended to balance the goal of limiting
the number of listed strikes with the needs of market participants. The
Exchange believes that the various permissible strike intervals will
continue to offer market participants the ability to select the
appropriate strikes to meet their investment objectives.
---------------------------------------------------------------------------

    \31\ See Rule 5.52(d), Rule 5.54(a), and Rule 5.55(a).
---------------------------------------------------------------------------

Implementation
    The Exchange, along with BX and other options exchanges that intend
to submit the same strike interval

proposal, intends to begin implementation of the proposed rule change
prior to June 30, 2021. The Exchange will issue a notice of the planned
implementation date to it TPHs in advance. Once implemented, the
Exchange will provide notice \32\ to its TPHs of the Short Term Option
Series eligible in a new quarter to be listed pursuant to Rule
4.5(d)(6).
---------------------------------------------------------------------------

    \32\ See Rule 1.5, which provides that the Exchange announces to
Trading Permit Holders all determinations it makes pursuant to the
Rules via: (1) Specifications, Notices, or Regulatory Circulars with
appropriate advanced notice, which are posted on the Exchange's
website, or as otherwise provided in the Rules; (2) electronic
message; or (3) other communication method as provided in the Rules.
In its Notices disseminated to TPHs regarding the Short Term Option
Series eligible in a new quarter to be listed pursuant to Rule
4.5(d)(6), the Exchange will include for each eligible option class:
The closing price of the underlying; the Average Daily Volume of the
option class; and the eligible strike category (per the proposed
table) in which the eligible option class falls under as a result of
the closing price and Average Daily Volume.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\33\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \34\ requirements that the rules of an exchange be
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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \35\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b).
    \34\ 15 U.S.C. 78f(b)(5).
    \35\ Id.
---------------------------------------------------------------------------

    The proposal seeks to widen the permissible intervals between
strikes listed for equity options (excluding options on ETFs and ETNs)
in order to limit the number of strikes listed in the Short Term Option
Series program that have an expiration date more than 21 days. The
proposal removes impediments to and perfects the mechanism of a free
and open market and a national market system by encouraging Market-
Makers to deploy capital more efficiently, which may improve market
quality overall on the Exchange, by widening the intervals between
strikes when applying the strike interval table to multiply listed
equity options (excluding options on ETFs and ETPs) that have an
expiration date more than 21 days from the listing date. As described
above, the Exchange requires DPMs, LMMs and Market-Makers to quote
during a certain amount of time in the trading day and in a certain
percentage of series in their assigned options classes to maintain
liquidity in the market.\36\ With an increasing number of strikes due,
in part, to tighter intervals being listed across options exchanges,
Market-Makers must currently expend their capital to ensure that they
have the appropriate infrastructure to meet their quoting obligations
on all options markets in which they are assigned in options classes.
The Exchange believes that this proposal will widen the intervals
between strikes listed on the Exchange, thereby reducing the number of
weekly options listed on its market in later weeks in which Market-
Makers are required to quote and, in turn, allowing DPMs, LMMs and
Market-Makers to expend their capital in the options market in a more
efficient manner.
---------------------------------------------------------------------------

    \36\ See supra note 31.
---------------------------------------------------------------------------

    The Exchange believes that limiting the permissible strikes for
multiply listed equity options (excluding options on ETFs and ETNs)
that have an expiration date more than 21 days from the listing date
will not significantly disrupt the market, as the majority of the
volume traded in weekly options exists in options series which have an
expiration date of 21 days or less. The proposal will limit the number
of strikes listed in series of options without reducing the number of
classes of options available for trading on the Exchange. The proposal
allows the Exchange to determine the weekly strike intervals for
multiply listed equity Short Term Option Series listed in the later
weeks by taking into account customer demand for certain options
classes by considering both the Share Price and the Average Daily
Volume in the underlying security. The Exchange utilizes OCC Customer-
cleared volume, as customer volume is an appropriate proxy for demand.
Whereas non-Customer cleared OCC volume generally represents the supply
side, the Exchange believes OCC Customer-cleared volume represents the
majority of options volume executed on the Exchange, which, in turn,
reflects the demands in the marketplace and is therefore intended to
assist the Exchange in meeting customer demand by offering an
appropriate number of strikes.
    The proposal is intended to remove certain strikes where there
exist clusters of strikes whose characteristics closely resemble one
another and, therefore, do not serve different trading needs, which
currently results in less useful strikes. As such, the proposal
protects investors and the general public by removing unnecessary
choices for an options series, which the Exchange believes may improve
market quality. The proposal seeks to reduce the number of strikes in
the furthest weeklies, which generally have wider markets, and,
therefore, lower market quality. The implementation of the Strike
Interval table is intended to allow for greater spreads between strike
intervals in multiple listed equity options where there is less volume
as measured by the Average Daily Volume tiers. Therefore, the lower the
Average Daily Volume, the wider the proposed spread between strike
intervals, and the higher the Average Daily Volume (i.e., the options
classes that contain the most liquid symbols and strikes), the narrower
the proposed spread between strike intervals. Additionally, the
proposed strike intervals are finer for lower-priced shares than
higher-priced shares.\37\ As a result, the Exchange believes that, by
limiting the permissible strikes for multiple listed equity options
(excluding options on ETFs and ETNs) that have an expiration date more
than 21 days from the listing date pursuant to the proposed Strike
Interval table, the proposal may improve overall market quality on the
Exchange, which serves to protect investors and the general public.
---------------------------------------------------------------------------

    \37\ The Exchange notes that it has discussed the proposed
strike intervals with various TPHs.
---------------------------------------------------------------------------

    Further, utilizing the second trading day of a calendar quarter
allows the Exchange to accumulate data regarding OCC Customer-cleared
volume from the entire prior calendar quarter and allows the
calculation of Average Daily Volume to account for trades executed on
the last day of the previous calendar quarter, which will have settled
by the second trading day.\38\ The Exchange believes that applying the
previous calendar quarter for the calculation is appropriate to reduce
the impact of unusual trading activity as a result of unique market
events, such as a corporate action (i.e., it may result in a

more reliable measure of Average Daily Volume than a shorter period).
---------------------------------------------------------------------------

    \38\ Options contracts settle one business day after trade date.
Strike listing determinations are made the day prior to the start of
trading in each series.
---------------------------------------------------------------------------

    As stated, the proposal is substantively identical to the strike
interval proposal recently submitted by BX and approved by the
Commission.\39\ The Exchange believes that varied strike intervals will
continue to offer market participants the ability to select the
appropriate strike interval to meet that market participants'
investment objectives.
---------------------------------------------------------------------------

    \39\ See BX Strike Interval Approval Order, supra note 19.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act as the proposed rule change
limits the number of Short Term Option Series strikes available for
quoting and trading on the Exchange for all market participants.
Therefore, all market participants will equally be able to transact in
options series in the strikes listed for trading on the Exchange. The
proposal is intended to reduce the number of strikes for weekly options
listed in later weeks without reducing the number of classes of options
available for trading on the Exchange while also continuing to offer an
appropriate number of strikes the Exchange believes will meet market
participants' investment objectives.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act as it only
impacts the permissible strike intervals for certain options series
listed on the Exchange. Additionally, another options exchange has
recently implemented a substantively identical rule for listing Short
Term Option series strike intervals on its exchange, approved by the
Commission.\40\ The proposal is a competitive response that will permit
the Exchange to list the same series in multiple listed options as
another options exchange.
---------------------------------------------------------------------------

    \40\ See BX Strike Interval Approval Order, supra note 19.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \41\ and Rule 19b-
4(f)(6) thereunder.\42\
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78s(b)(3)(A).
    \42\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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 satisfied this requirement.
---------------------------------------------------------------------------

    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 change 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-CBOE-2021-019 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-CBOE-2021-019. 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
20549-1090, on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2021-019, and should be
submitted on or before April 28, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
---------------------------------------------------------------------------

    \43\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07117 Filed 4-6-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Notices]
[Pages 48147-48148]
[FR Doc No: 2017-22376]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2017-71]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 6, 2017.

ADDRESSES: Send comments identified by docket number FAA-2013-0221
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christopher Bailey at<PHONE_NUMBER>,
Office of Rulemaking, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591.

    This notice is published pursuant to 14 CFR 11.85.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0221.
    Petitioner: The Boeing Company.
    Section(s) of 14 CFR Affected: 61.75(d)(2) and 61.117.
    Description of Relief Sought: By letter dated August 3, 2017, The
Boeing Company petitioned the Federal Aviation Administration for an
extension of and amendment to Exemption No. 10871, as amended. That
exemption allows certain foreign pilots exercising private pilot
privileges to fly as second-in-command (SIC) on Boeing aircraft while
conducting evaluation and demonstration flights within the United
States for potential buyers of those aircraft, or on behalf of their
respective civil aviation authority (CAA). In its petition, Boeing
asked for an amendment that would incorporate additional language to
allow Boeing to conduct flights for demonstration and evaluation, on
behalf of new or potential customers, or at the request of a foreign
civil aviation authority, using new developmental test aircraft models.

[FR Doc. 2017-22376 Filed 10-13-17; 8:45 am]
BILLING CODE 4910-13-P