[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Page 56778]
[FR Doc No: 2011-23417]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4017-DR; Docket ID FEMA-2011-0001]

Puerto Rico; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Puerto Rico (FEMA-4017-DR), dated August 27,
2011, and related determinations.

DATES: Effective Date: August 24, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective August 24, 2011.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-23417 Filed 9-13-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45879-45880]
[FR Doc No: 2013-18250]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2013-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

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

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                La Porte County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1155
----------------------------------------------------------------------------------------------------------------
Lake Michigan..........................  Entire shoreline within                + 585  Town of Michiana Shores,
                                          community.                                    Unincorporated Areas of
                                                                                La Porte County.
Lake Michigan..........................  Entire shoreline within                + 585  Town of Long Beach.
                                          community.
Lake Michigan..........................  Entire shoreline within                + 585  City of Michigan City.
                                          community.
Otter Creek............................  At the confluence with                 + 592  Town of Pottawattamie
                                          Trail Creek.                                  Park.
                                         Approximately 1,000 feet               + 598
                                          downstream of Karwick
                                          Road.
Trail Creek............................  At the confluence with                 + 585  City of Michigan City.
                                          Lake Michigan.
                                         Approximately 1,100 feet               + 585
                                          upstream of E Street.
Trail Creek............................  Approximately 1,100 feet               + 591  Town of Pottawattamie
                                          upstream of Liberty                           Park.
                                          Trail Road.
                                         At the confluence with                 + 592
                                          Otter Creek.

White Ditch............................  Approximately 160 feet                 + 604  Town of Michiana Shores,
                                          downstream of Michiana                        City of Michigan City,
                                          Drive.                                        Unincorporated Areas of
                                                                                La Porte County.
                                         Approximately 1,840 feet               + 607
                                          upstream of Oakdale
                                          Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Michigan City
Maps are available for inspection at City Hall, 100 East Michigan Boulevard, Michigan City, IN 46360.
Town of Long Beach
Maps are available for inspection at the Town Hall, 2400 Oriole Trail, Long Beach, IN 46360.
Town of Michiana Shores
Maps are available for inspection at the Town Hall, 601 El Portal South Drive, Michiana Shores, IN 46360.
Town of Pottawattamie Park
Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La
 Porte, IN 46350.
Unincorporated Areas of La Porte County
Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La
 Porte, IN 46350.
----------------------------------------------------------------------------------------------------------------

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

    Dated: July 12, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-18250 Filed 7-29-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13404-13407]
[FR Doc No: 2021-04679]

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

[Release No. 34-91238; File No. SR-Phlx-2021-10]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
of Proposed Rule Change To Permit Monday and Wednesday Expirations for
Options Listed Pursuant to the Short Term Option Series Program on the
Invesco QQQ Trust\SM\ Series (``QQQ'') ETF Trust

March 2, 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 February 22, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to permit Monday and Wednesday expirations
for options listed pursuant to the Short Term Option Series Program on
the Invesco QQQ Trust\SM\ Series (``QQQ'') ETF Trust.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Phlx Options 4, Section 5 at
Commentary .11 to allow Monday and Wednesday expirations for options
listed pursuant to the Short Term Option Series Program (``Program'')
on QQQ.
    A Short Term Option Series means a series in an option class that
is approved for listing and trading on the Exchange in which the series
is opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one business
week and one business day prior to that expiration.\3\ The Exchange is
proposing to amend Phlx Options 4, Section 5 at Commentary .11 to
permit the listing of options series that expire on Mondays and
Wednesdays in QQQ.
---------------------------------------------------------------------------

    \3\ Options 1, Section 1(b)(53) provides the term ``Short Term
Option Series'' [sic] a series in an option class that is approved
for listing and trading on the Exchange in which the series is
opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday,
Wednesday or Friday of the next business week, or, in the case of a
series that is listed on a Friday and expires on a Monday, is listed
one business week and one business day prior to that expiration. If
a Tuesday, Wednesday, Thursday or Friday is not a business day, the
series may be opened (or shall expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday or Friday,
respectively. For a series listed pursuant to this section for
Monday expiration, if a Monday is not a business day, the series
shall expire on the first business day immediately following that
Monday.
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Monday Expirations
    As proposed, with respect to Monday QQQ Expirations within
Commentary .11 to Options 4, Section 5, the Exchange may open for
trading on any Friday or Monday that is a business day series of
options on QQQ to expire on any Monday of the month that is a business
day and is not a Monday in which Quarterly Options Series on the same
class expire (``Monday QQQ Expirations''), provided that Monday QQQ
Expirations that are listed on a Friday must be listed at least one
business week and one business day prior to the expiration. The
Exchange may list up to five consecutive Monday QQQ Expirations at one
time; the Exchange may have no more than a total of five Monday QQQ
Expirations.
Wednesday Expirations
    As proposed, with respect to Wednesday QQQ Expirations within
Commentary .11 to Options 4, Section 5, the Exchange may open for
trading on any Tuesday or Wednesday that is a business day series of
options on QQQ to expire on any Wednesday of the month that is a
business day and is not a Wednesday in which Quarterly Options Series
on the same class expire (``Wednesday QQQ Expirations''). The Exchange
may list up to five consecutive Wednesday QQQ Expirations at one time;
the Exchange may have no more than a total of five Wednesday QQQ
Expirations and a total of five Wednesday QQQ Expirations will be
subject to the provisions of this Rule.
Monday and Wednesday Expirations
    The interval between strike prices for the proposed Monday and
Wednesday QQQ Expirations will be the same as

those for the current Short Term Option Series for Wednesday and Friday
expirations applicable to the Program.\4\ Specifically, the Monday and
Wednesday QQQ Expirations will have a $0.50 strike interval minimum.\5\
As is the case with other equity options series listed pursuant to the
Program, the Monday and Wednesday QQQ Expiration series will be P.M.-
settled.
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    \4\ See Commentary .11(e) to Options 4, Section 5.
    \5\ See Commentary .11(e) to Options 4, Section 5.
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    Pursuant to Options 1, Section 1(b)(53), with respect to the
Program, if Monday is not a business day the series shall expire on the
first business day immediately following that Monday. This procedure
differs from the expiration date of Wednesday expiration series that
are scheduled to expire on a holiday. Pursuant to Options 1, Section
1(b)(53) a Wednesday expiration series shall expire on the first
business day immediately prior to that Wednesday, e.g., Tuesday of that
week, if the Wednesday is not a business day. For purposes of QQQ,
however, the Exchange believes that it is preferable to require Monday
expiration series in this scenario to expire on the Tuesday of that
week rather than the previous business day, e.g., the previous Friday,
since the Tuesday is closer in time to the scheduled expiration date of
the series than the previous Friday, and therefore may be more
representative of anticipated market conditions. Monday SPY expirations
are treated in this manner today.\6\ Cboe Exchange, Inc. (``Cboe'')
uses the same procedure for options on the S&P 500 index (``SPX'') with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday.\7\ Also, Nasdaq Phlx LLC (``Phlx'') \8\ and Nasdaq ISE, LLC
(``ISE'') \9\ use the same procedure for options on the Nasdaq-
100[supreg] (``NDX'') with Monday expirations that are listed pursuant
to its [sic] Nonstandard Expirations Pilot Programs, respectively.
---------------------------------------------------------------------------

    \6\ See Commentary .11 at Options 4, Section 5.
    \7\ See Cboe Rule 4.13(e)(1) ``. . . If the Exchange is not open
for business on a respective Monday, the normally Monday expiring
Weekly Expirations will expire on the following business day. If the
Exchange is not open for business on a respective Wednesday or
Friday, the normally Wednesday or Friday expiring Weekly Expirations
will expire on the previous business day.''
    \8\ See Phlx Options 4A, Section 12(b)(5).
    \9\ See ISE Supplementary Material .07 to Options 4A, Section
12.
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    Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class.\10\ The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term option rules; the Exchange
may list these additional series that are listed by other
exchanges.\11\ This thirty (30) series restriction would apply to
Monday and Wednesday QQQ Expiration series as well. In addition, the
Exchange will be able to list series that are listed by other
exchanges, assuming they file similar rules with the Commission to list
QQQ options expiring on Mondays and Wednesdays.
---------------------------------------------------------------------------

    \10\ See Commentary .11(a) to Options 4, Section 5.
    \11\ See Commentary .11(a) to Options 4, Section 5.
---------------------------------------------------------------------------

    Finally, the Exchange is amending Commentary .11(b) to Options 4,
Section 5, which addresses the listing of Short Term Options Series
that expire in the same week as monthly or quarterly options series.
Currently, that rule states that no Short Term Option Series may expire
in the same week in which monthly option series on the same class
expire (with the exception of Monday and Wednesday SPY Expirations) or,
in the case of Quarterly Options Series, on an expiration that
coincides with an expiration of Quarterly Option Series on the same
class.\12\ As with Monday and Wednesday SPY Expirations, the Exchange
is proposing to permit Monday and Wednesday QQQ Expirations to expire
in the same week as monthly options series on the same class. The
Exchange believes that it is reasonable to extend this exemption to
Monday and Wednesday QQQ Expirations because Monday and Wednesday QQQ
Expirations and standard monthly options will not expire on the same
trading day, as standard monthly options expire on Fridays.
Additionally, the Exchange believes that not listing Monday and
Wednesday QQQ Expirations for one week every month because there was a
monthly QQQ expiration on the Friday of that week would create investor
confusion.
---------------------------------------------------------------------------

    \12\ See current Commentary .11(b) to Options 4, Section 5.
---------------------------------------------------------------------------

    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday and Wednesday
QQQ expirations. The Exchange has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday QQQ Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
Monday and Wednesday for SPY and has not experienced any market
disruptions nor issues with capacity. Today, the Exchange has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY.
    Similar to SPY, the introduction of QQQ Monday and Wednesday
expirations will, among other things, expand hedging tools available to
market participants and continue the reduction of the premium cost of
buying protection. The Exchange believes that Monday and Wednesday QQQ
expirations will allow market participants to purchase QQQ based on
their timing as needed and allow them to tailor their investment and
hedging needs more effectively.
Implementation
    The Exchange intends to begin implementation of the proposed rule
change in Q2 2021. The Exchange will issue an Options Trader Alert to
Participants with the date of implementation.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\14\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest by providing the investing public and
other market participants more flexibility to closely tailor their
investment and hedging decisions in QQQ options, thus allowing them to
better manage their risk exposure.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes the Program has been
successful to date and that Monday and Wednesday QQQ Expirations should
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday and
Wednesday QQQ Expirations should create greater trading and hedging
opportunities and flexibility, and will provide customers with the
ability to tailor their investment objectives more effectively. Phlx
currently lists Monday and Wednesday SPY Expirations.\15\ Also, Cboe
\16\ currently permits Monday and Wednesday expirations for other
options with a weekly expiration, such

as options on the SPX pursuant to its Nonstandard Expirations Pilot
Program and Phlx \17\ and ISE \18\ currently permit Monday and
Wednesday expirations for other options with a weekly expiration on NDX
pursuant to its [sic] Nonstandard Expirations Pilot Programs,
respectively.
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    \15\ See Commentary .11 at Options 4, Section 5.
    \16\ See note 6 [sic] above.
    \17\ See note 8 above.
    \18\ See note 9 above.
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    With the exception of Monday expiration series that are scheduled
to expire on a holiday, there are no material differences in the
treatment of Monday and Wednesday QQQ expirations for Short Term Option
Series. The Exchange believes that it is consistent with the Act to
treat Monday expiration series that expire on a holiday differently
than Wednesday or Friday expiration series, since the proposed
treatment for Monday expiration series will result in an expiration
date that is closer in time to the scheduled expiration date of the
series, and therefore may be more representative of anticipated market
conditions. Monday SPY expirations are treated in this manner
today.\19\ Cboe \20\ uses the same procedure for SPX options with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday, as do Phlx \21\ and ISE \22\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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    \19\ See Commentary .11 at Options 4, Section 5.
    \20\ Id. [sic]
    \21\ See note 8 above.
    \22\ See note 9 above.
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    Given the similarities between Monday and Wednesday SPY Expirations
and the proposed Monday and Wednesday QQQ Expirations, the Exchange
believes that applying the provisions in Commentary .11 to Options 4,
Section 5 that currently apply to Monday and Wednesday SPY Expirations
to Monday and Wednesday QQQ Expirations is justified. For example, the
Exchange believes that allowing Monday and Wednesday QQQ Expirations
and monthly QQQ expirations in the same week will benefit investors and
minimize investor confusion by providing Monday and Wednesday QQQ
Expirations in a continuous and uniform manner. The Exchange also
believes that is appropriate to amend Commentary .11(b) to Options 4,
Section 5 to clarify that no Short Term Option Series may expire on the
same day as an expiration of Quarterly Option Series on the same class,
same as SPY.
    The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in Monday and Wednesday
expirations, including Monday and Wednesday QQQ Expirations, in the
same way that it monitors trading in the current Short Term Option
Series and trading in Monday and Wednesday SPY Expirations. The
Exchange also represents that it has the necessary systems capacity to
support the new options series. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of Monday and Wednesday QQQ expirations.

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 notes that
having Monday and Wednesday QQQ expirations is not a novel proposal, as
Monday and Wednesday SPY Expirations are currently listed on Phlx.\23\
Cboe \24\ uses the same procedure for SPX options with Monday
expirations that are listed pursuant to its Nonstandard Expirations
Pilot Program and that are scheduled to expire on a holiday, as do Phlx
\25\ and ISE \26\ for NDX options with Monday expirations that are
listed pursuant to their Nonstandard Expirations Pilot Programs,
respectively.
---------------------------------------------------------------------------

    \23\ See Commentary .11 at Options 4, Section 5.
    \24\ Id. [sic]
    \25\ See note 8 above.
    \26\ See note 9 above.
---------------------------------------------------------------------------

    The Exchange does not believe the proposal will impose any burden
on intra-market competition, as all market participants will be treated
in the same manner under this proposal. Additionally, the Exchange does
not believe the proposal will impose any burden on inter-market
competition, as nothing prevents the other options exchanges from
proposing similar rules to list and trade Short-Term Option Series with
Monday and Wednesday expirations.

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2021-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2021-10 and should be
submitted on or before March 29, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04679 Filed 3-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Proposed Rules]
[Pages 18761-18763]
[FR Doc No: 2022-06774]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010, EPA-HQ-1994-0001; EPA-HQ-SFUND-2002-0008, EPA-
HQ-SFUND-2003-0010, EPA-HQ-OLEM-2021-0797, EPA-HQ-OLEM-2021-0798, EPA-
HQ-OLEM-2021-0815; EPA-HQ-OLEM-2021-0922, EPA-HQ-OLEM-2021-0934, EPA-
HQ-OLEM-2021-0935, EPA-HQ-OLEM-2022-0111; FRL-9172-02-OLEM]

Proposed Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and withdrawal of proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing the
proposed rule published in the Federal Register on March 22, 2022 (87
FR 16135) due to typographical errors. EPA is reissuing a Notice of
Intent to delete four sites and partially delete six sites from the
National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
state, through its designated state agency, have determined that all
appropriate response actions under CERCLA, other than operations and
maintenance of the remedy, monitoring and five-year reviews, where
applicable, have been completed. However, this deletion does not
preclude future actions under Superfund.

DATES: The proposed action published on March 22, 2022 (87 FR 16135) is
hereby withdrawn, effective March 31, 2022. Comments regarding this new
proposed action must be submitted on or before May 2, 2022.

ADDRESSES: EPA has established a docket for this action under the
Docket Identification number included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. Submit your comments, identified
by the appropriate Docket ID number, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: Table 2 in the SUPPLEMENTARY INFORMATION section of
this document provides an email address to submit public comments for
the proposed deletion action.
    Instructions: Direct your comments to the Docket Identification
number included in Table 1 in the SUPPLEMENTARY INFORMATION section of
this document. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. Public comments received on the proposed rule
published March 22, 2022 (87 FR 16135) will be considered in response
to this proposed rule and do not need to be resubmitted.
    Docket: EPA has established a docket for this action under the
Docket Identification included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the corresponding Regional Records Center. Location,
address, and phone number of the Regional Records Centers follows.
    Regional Records Center:
     Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA New England,
EMS Records and Information Center, 5 Post Office Square, Suite 100,
Boston, MA 02109-3912; 617/918-1440.
     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650
Arch Street, Mail code 3MD13, Philadelphia, PA 19103; 215/814-3024.
     Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562-8637.
     Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Division Records Manager, Mail code SRC-7J, Metcalfe Federal Building,
7th Floor South, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-
4465.
     Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
     Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.

    The EPA is temporarily suspending Regional Records Centers for
public visitors to reduce the risk of transmitting COVID-19.
Information in these repositories, including the deletion docket, has
not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets. The EPA continues to carefully
and continuously monitor information from the Centers for Disease
Control and Prevention (CDC), local area health departments, and our
Federal partners so that we can respond rapidly as conditions change
regarding COVID.

FOR FURTHER INFORMATION CONTACT:
     Robert Lim, U.S. EPA Region 1 (CT, ME, MA, NH, RI, VT),
U.S. EPA, [email protected], 617/918-1392.
     Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
[email protected], 215/814-2049.
     Leigh Lattimore or Brian Farrier, U.S. EPA Region 4 (AL,
FL, GA, KY, MS, NC, SC, TN), [email protected] or
[email protected], 404/562-8768 or 404/562-8952.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH,
WI), [email protected], 312/886-1843.
     David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE),
[email protected], 913/551-7996.
     Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689.
     Chuck Sands, U.S. EPA Headquarters, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA is withdrawing the proposed rule published in the Federal
Register on March 22, 2022 (87 FR 16135) due to typographical errors.
EPA is reissuing a Notice of Intent to delete four sites and partially
delete six sites from the National Priorities List (NPL) and requests
public comments on this proposed action.
    The NPL constitutes Appendix B of 40 CFR part 300 which is the NCP,
which EPA created under section 105 of the CERCLA statute of 1980, as
amended. EPA maintains the NPL as those sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). These partial deletions are
proposed in accordance with 40 CFR 300.425(e) and is consistent with
the Notice of Policy Change: Partial Deletion of Sites Listed on the
National Priorities List. 60 FR 55466, (November 1, 1995). As described
in 40 CFR 300.425(e)(3) of the NCP, a site or portion of a site deleted
from the NPL remains eligible for Fund-financed remedial action if
future conditions warrant such actions.
    EPA will accept comments on the proposal to delete or partially
delete these sites for thirty (30) days after publication of this
document in the Federal Register.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III of this document discusses procedures
that EPA is using for this action. Section IV of this document
discusses the site or portion of the site proposed for deletion and
demonstrates how it meets the deletion criteria, including reference
documents with the rationale and data principally relied upon by the
EPA to determine that the Superfund response is complete.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the deletion or partial deletion
of the sites in this proposed rule:

    (1) EPA consulted with the respective state before developing
this Notice of Intent for deletion.
    (2) EPA has provided the state 30 working days for review of
site deletion documents prior to publication of this Notice of
Intent to Delete today.
    (3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
    (4) The state, through their designated state agency, has
concurred with the proposed deletion action.
    (5) Concurrently, with the publication of this Notice of Intent
for deletion in the Federal Register, a notice is being published in
a major local newspaper of general circulation near the site. The
newspaper announces the 30-day public comment period concerning the
Notice of Intent for deletion.
    (6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket, made these items available for
public inspection, and copying at the Regional Records Center
identified above.

    If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete or partially delete the site.
If necessary, EPA will prepare a Responsiveness Summary to address any
significant public comments received. After the public comment period,
if EPA determines it is still appropriate to delete or partially delete
the site, the EPA will publish a final Notice of Deletion or Partial
Deletion in the Federal Register. Public notices, public submissions
and copies of the Responsiveness Summary, if prepared, will be made
available to interested parties and included in the site information
repositories listed above.
    Deletion of a site or a portion of a site from the NPL does not
itself create, alter, or revoke any individual's rights or obligations.
Deletion of a site or a portion of a site from the NPL does not in any
way alter EPA's right to take enforcement actions, as appropriate. The
NPL is designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.

IV. Basis for Full Site or Partial Site Deletion

    The site to be deleted or partially deleted from the NPL, the
location of the site, and docket number with information including
reference documents with the rationale and data principally relied upon
by the EPA to determine that the Superfund response is complete are
specified in Table 1. The NCP permits activities to occur at a deleted
site or that media or parcel of a partially deleted site, including
operation and maintenance of the remedy, monitoring, and five-year
reviews. These activities for the site are entered in Table 1, if
applicable, under Footnote such that; 1 = site has continued operation
and maintenance of the remedy, 2 = site receives continued monitoring,
and 3 = site five-year reviews are conducted.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
            Site name               City/county, state         Type             Docket No.          Footnote
----------------------------------------------------------------------------------------------------------------
McKin Co.........................  Gray, ME............  Full............  EPA-HQ-OLEM-2021-09  1, 2, 3.
                                                                            22.
Tybouts Corner Landfill..........  New Castle County,    Partial.........  EPA-HQ-OLEM-2021-07  1, 3.
                                    DE.                                     97.
C&R Battery Co., Inc.............  Chesterfield County,  Full............  EPA-HQ-OLEM-2021-07  1, 3.
                                    VA.                                     98.
Chem-Solv, Inc...................  Cheswold, DE........  Full............  EPA-HQ-OLEM-2021-09  1, 3.
                                                                            34.
Koppers Co., Inc (Charleston       Charleston, SC......  Partial.........  EPA-HQ-SFUND-1994-0  1, 3.
 Plant).                                                                    001.
Brantley Landfill................  Island, KY..........  Full............  EPA-HQ-OLEM-2022-01  1, 2, 3.
                                                                            11.
Summit National..................  Deerfield Township,   Partial.........  EPA-HQ-OLEM-2021-08  1, 3.
                                    OH.                                     15.
Himco Dump.......................  Elkhart, IN.........  Partial.........  EPA-HQ-SFUND-1990-0  1, 3.
                                                                            010.
Omaha Lead.......................  Omaha, NE...........  Partial.........  EPA-HQ-SFUND-2003-0  1, 3.
                                                                            010.
Libby Asbestos...................  Libby, MT...........  Partial.........  EPA-HQ-SFUND-2002-0  1, 3.
                                                                            008.
----------------------------------------------------------------------------------------------------------------

    Table 2 includes information concerning whether the full site is
proposed for deletion from the NPL or a description of the area, media
or Operable Units (OUs) of the NPL site proposed for partial deletion
from the NPL, and an email address to which public comments may be
submitted if the commenter does not comment using https://www.regulations.gov.

                                 Table 2
------------------------------------------------------------------------
                                  Full site deletion
                                   (full) or media/
            Site name                  parcels/       E-mail address for
                                   description  for    public  comments
                                   partial deletion
------------------------------------------------------------------------
McKin Co........................  Full..............  [email protected].
Tybouts Corner Landfill.........  2 parcels soil and  hinkle.christopher
                                   groundwater,        @epa.gov.
                                   approx. 78 acres.
C&R Battery Co., Inc............  Full..............  [email protected].
Chem-Solv, Inc..................  Full..............  [email protected].
Koppers Co., Inc (Charleston      98 acres of soils,  [email protected]
 Plant).                           sediments, and      ov.
                                   tidal marsh.
Brantley Landfill...............  Full..............  [email protected].
Summit National.................  Land/soil portion   [email protected]
                                   of landfill,        microsoft.com.
                                   adjacent removal
                                   areas, and 45
                                   downgradient
                                   parcels.
Himco Dump......................  11.5-acre land/     [email protected]
                                   soil portion of     microsoft.com.
                                   the site plus
                                   adjacent soils.
Omaha Lead......................  19 residential      [email protected]
                                   parcels.            epa.gov.
Libby Asbestos..................  OU6 including 42    [email protected]
                                   miles of railroad   ov.
                                   right-of-way
                                   between and in
                                   the towns of
                                   Libby and Troy,
                                   MT.
------------------------------------------------------------------------

    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

    Authority:  33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.

    Dated: March 25, 2022.
Larry Douchand,
Office Director, Office of Superfund Remediation and Technology
Innovation.
[FR Doc. 2022-06774 Filed 3-30-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80560-80562]
[FR Doc No: 2023-25495]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1635; Project Identifier MCAI-2022-01579-T;
Amendment 39-22583; AD 2023-21-11]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200
LR, and -200 IGW airplanes. This AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary
and a determination by the design approval holder (DAH) that some
structural elements are subject to widespread fatigue damage (WFD).
This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, and for certain airplanes requires a
structural modification of the wing lower skin panels, as specified in
an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective December 26, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1635; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr.
Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--
Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email<EMAIL_ADDRESS>website anac.gov.br/en/. You may find this
material on the ANAC website sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1635.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Embraer S.A. Model
ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes. The NPRM published in the Federal Register on August 17,
2023 (88 FR 55956). The NPRM was prompted by AD 2022-12-01, effective
December 14, 2022, issued by ANAC (ANAC AD 2022-12-01), which is the
aviation authority for Brazil (also referred to as the MCAI). The MCAI
states that new or more restrictive airworthiness limitations have been
developed to address structural fatigue. Additionally, an evaluation by
the DAH indicated that some structural elements, particularly the wing
lower skin stringers, are subject to WFD. A modification is needed
before the wing lower skin panel reaches its structural modification
point (SMP), and inspections are needed to preclude WFD. ANAC AD 2022-
12-01 specifies that it requires a modification of the wing lower skin
panels that terminates the repetitive inspections required by ANAC AD
2019-06-01 (which corresponds to FAA AD 2020-04-16, Amendment 39-19853
(85 FR 18435, dated April 2, 2020)) (AD 2020-04-16). Accomplishment of
the modification specified in this AD terminates the repetitive
inspections required by paragraph (g) of AD 2020-04-16, for the
airplanes identified in paragraph (a)(2) of ANAC AD 2022-12-01 only.
    In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, and for certain airplanes
to require a structural modification of the wing lower skin panels, as
specified in ANAC AD 2022-12-01. The FAA is issuing this AD to address
cracking in principle structural elements. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1635.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-12-01 describes new or more restrictive airworthiness
limitations for airplane structures. For certain airplanes, ANAC AD
2022-12-01 specifies procedures for the incorporation of a certain
structural modification (i.e., reinforcement of left-hand (LH) and
right-hand (RH) wing lower skin panels). This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in ADDRESSES
section.

Costs of Compliance

    The FAA estimates that this AD affects 33 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection

program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate.
    The FAA estimates the total cost per operator for the new revision
to the existing maintenance or inspection program to be $7,650 (90
work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                         Cost per
               Labor cost                        Parts cost              product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 569 work-hours x $85 per hour =    Up to $280,825............        $329,190   Up to $10,863,270.
 $48,365.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-21-11 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22583; Docket No. FAA-2023-1635; Project
Identifier MCAI-2022-01579-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26,
2023.

(b) Affected ADs

    This AD affects AD 2020-04-16, Amendment 39-19853 (85 FR 18435,
April 2, 2020) (AD 2020-04-16).

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -
200 LR, and -200 IGW airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary and a
determination by the design approval holder (DAH) that some
structural elements are subject to widespread fatigue damage (WFD).
The FAA is issuing this AD to address cracking in principle
structural elements. The unsafe condition, if not addressed, could
result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2022-12-01, effective December 14, 2022 (ANAC AD
2022-12-01).

(h) Exceptions to ANAC AD 2022-12-01

    (1) Where ANAC AD 2022-12-01 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The initial compliance time for doing the tasks specified in
paragraph (b)(3) of ANAC AD 2022-12-01 is at the applicable
``threshold or interval'' as incorporated by the requirements of
paragraph (b)(3) of ANAC AD 2022-12-01, or within 30 days after the
effective date of this AD, whichever occurs later. Where the service
information referenced in ANAC AD 2022-12-01 does not specify a
threshold, this AD requires using the applicable flight cycles (FC),
flight hours (FH), or months (MO) identified as the interval as the
threshold. The applicable FC, FH, and MO in the ``T: Threshold I:
Interval'' column of the service information referenced in ANAC AD
2022-12-01 are as specified in paragraph (h)(2)(i) or (ii) of this
AD:
    (i) For any task with an applicability that includes ``POST-MOD
SB,'' use the specified number of FC, FH, or MO since accomplishment
of the applicable service bulletin.
    (ii) For any task with an applicability that does not include
``POST-MOD SB,'' use total FC, total FH, or MO since issuance of the
original airworthiness certificate or original export certificate of
airworthiness, as applicable.
    (3) Table 01 and paragraph (c)(2) of ANAC AD 2022-12-01 specify
a grace period. However, for this AD the grace period is as
identified in Table 01 of ANAC AD 2022-12-01, except replace the
text ``within the next 3,000 FC'' with ``within 3,000 FC after the
effective date of this AD;'' and replace the text ``within the next
4,000 FH'' with ``within 4,000 FH after the effective date of this
AD.''
    (4) Where ANAC AD 2022-12-01 Table 01 specifies a compliance
time based on the accomplishment of certain service information,
replace the text ``the accomplishment of the Embraer SB No. 190-57-
005, Revision 01, dated October 27, 2006,'' with ``the
accomplishment of Embraer SB 190-57-0005.''
    (5) This AD does not adopt the provisions specified in paragraph
(e)(1) of ANAC AD 2022-12-01.

(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of paragraph
(f) of ANAC AD 2022-12-01.

(j) Terminating Action for AD 2020-04-16

    Accomplishing the actions required by this AD terminates the
repetitive inspection requirements of paragraph (g) of AD 2020-04-
16, for the airplanes identified in paragraph (a)(2) of ANAC AD
2022-12-01 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (l) of this AD or email to: [email protected].
If mailing information, also submit information by email. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information referenced
in ANAC AD 2022-12-01 contains steps in the Accomplishment
Instructions or figures that are labeled as RC, the instructions in
RC steps, including subparagraphs under an RC step and any figures
identified in an RC step, must be done to comply with this AD; any
steps including substeps under those steps, that are not identified
as RC are recommended. The instructions in steps, including substeps
under those steps, not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the instructions identified as RC can be done and the airplane can
be put back in an airworthy condition. Any substitutions or changes
to instructions identified as RC require approval of an AMOC. If a
step or substep is labeled ``RC Exempt,'' then the RC requirement is
removed from that step or substep.

(l) Additional Information

    For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(m) 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 this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-12-01, effective December 14, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-12-01, contact ANAC, Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
<EMAIL_ADDRESS>website anac.gov.br/en/. You may find this ANAC AD
on the ANAC website: sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-25495 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49142-49143]
[FR Doc No: 2018-21107]

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

[Release No. 34-84275; File No. SR-NYSEArca-2018-40]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change Regarding Investments of the REX BKCM ETF

September 24, 2018.
    On June 26, 2018, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
seeking to modify certain investments of the REX BKCM ETF (``Fund''), a
series of the Exchange Listed Funds Trust (``Trust''), the shares
(``Shares'') of which are currently listed and traded on the Exchange
under NYSE Arca Rule 8.600-E, Managed Fund Shares. The proposed rule
change was published for comment in the Federal Register on July 3,
2018.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83546 (June 28,
2018), 83 FR 31214 (July 3, 2018) (``Notice'').
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    On August 14, 2018, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission has received no comment letters on the
proposed rule change. This order institutes proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 83844 (Aug. 14,
2018), 83 FR 42178 (Aug. 20, 2018). The Commission designated
October 1, 2018, as the date by which it should approve, disapprove,
or institute proceedings to determine whether to disapprove the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal \7\
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    \7\ The Commission notes that additional information regarding,
among other things, the Shares, Fund, investment objective,
permitted investments, investment strategies and methodology,
investment restrictions, investment adviser and subadviser, creation
and redemption procedures, availability of information, trading
rules and halts, and surveillance procedures, can be found in the
Notice (see supra note 3) and the Registration Statement (see infra
note 8), as applicable.
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    The Trust is registered under the Investment Company Act of 1940
(``1940 Act'').\8\ The Shares are listed and traded on the Exchange
under Commentary .01 to NYSE Arca Rule 8.600-E,\9\ which sets forth the
generic criteria applicable to the listing and trading of Managed Fund
Shares on the Exchange.\10\ According to the Exchange, the investment
objective of the Fund is to seek total return. The Fund will seek to
achieve its investment objective, under normal market conditions, by
obtaining investment exposure to an actively managed portfolio
consisting of equity securities of cryptocurrency-related and other
blockchain technology-related companies.\11\
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    \8\ On May 7, 2018, the Trust filed with the Commission an
amendment to its registration statement on Form N-1A under the
Securities Act of 1933 and the 1940 Act relating to the Fund (File
Nos. 333-180871 and 811-22700) (``Registration Statement''). The
Exchange states that the Commission has issued an order granting
certain exemptive relief to the Trust under the 1940 Act. See
Investment Company Act Release No. 30445 (Apr. 2, 2013) (File No.
812-13969).
    \9\ The Shares commenced trading on the Exchange on May 16,
2018. See Notice, supra note 3, 83 FR at 31215.
    \10\ See NYSE Arca Rule 8.600-E (permitting the listing and
trading of ``Managed Fund Shares,'' defined as a security that (a)
represents an interest in a registered investment Company
(``Investment Company'') organized as an open-ended 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; (b) 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; and (c) 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 net asset value).
    \11\ See Notice, supra note 3, 83 FR at 31215.
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    The Fund intends to change its investment strategy such that the
Shares would no longer qualify for generic listing on the Exchange.
Specifically, the Fund's portfolio would continue to satisfy all of the
generic listing requirements except that:
     The Fund, through its Subsidiary,\12\ would be able to
invest up to 15% of its total assets in shares of the Bitcoin
Investment Trust (``GBTC''), an over-the-counter (``OTC'') equity
security, which investments would not meet the requirements of
Commentary .01(a)(1)(E) to Rule 8.600-E; and
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    \12\ According to the Exchange, the Fund expects to obtain
exposure to certain investments by investing up to 25% of its total
assets, as measured at the end of every quarter of the Fund's
taxable year, in a wholly-owned and controlled Cayman Islands
subsidiary (``Subsidiary''). See id. at 31216.
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     the Fund and the Subsidiary would be able to invest in the
securities of non-exchange-traded open-end investment companies (i.e.,
mutual funds), which investments would not meet the requirements of
Commentary .01(a)(1)(A)-(E) to Rule 8.600-E.\13\
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    \13\ See id. at 31216, 31218. The Exchange represents that the
Fund will not hold listed or OTC derivatives based on bitcoin or
other cryptocurrencies. See id. at 31216 nn.10-11.
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    According to the Exchange, GBTC is a private, open-ended trust
available to accredited investors that derives its value from the price
of bitcoin.\14\ The Subsidiary's investment in GBTC will be reflected
in the net asset value of the Fund's Shares based on the closing price
of GBTC on OTC Markets Group, Inc.'s (``OTC Markets'') OTCQX Best
Marketplace.\15\ According to the Exchange, GBTC has demonstrated
significant liquidity and the liquid market in the shares of GBTC
alleviates valuation concerns. In addition, the Exchange represents
that substantial and sustained trading volume in shares of GBTC, as
well as the limitation of such investment to 15% of the Fund's assets,
would help to limit any adverse effect on the Fund's arbitrage
mechanism.\16\
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    \14\ See id. at 31216 n.9. The Exchange states that GBTC's
investment objective is for the net asset value per share to reflect
the performance of the market price of bitcoin, less GBTC's
expenses. See id. at 31218.
    \15\ See id. at 31216.
    \16\ See id. at 31218. According to the Exchange, shares of GBTC
have a minimum monthly trading volume of 250,000 shares, or a
minimum notional volume traded per month of $25 million, averaged
over the last six months, and a market value in excess of the
required $75 million. Shares of GBTC have been quoted on OTC
Markets' OTCQX Best Marketplace under the symbol ``GBTC'' since
March 26, 2015. The Exchange represents that, as of May 7, 2018,
approximately 187,572,000 shares of GBTC were outstanding, with a
market capitalization of $2,807,852,840 based on the last traded
price. Average trading volume for the 6 months ended May 7, 2018,
was 7,107,650 shares per day, and total trading volume for 2017 was
1,576,551,613 shares. See id.
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    The Exchange represents that the investments in securities of non-
exchange-traded open-end investment companies will not be principal
investments of the Fund. These investments, which may include mutual
funds that invest, for example, principally in fixed income securities,
would be utilized to help the Fund meet its investment objective and to
equitize cash in the short term. According to the Exchange, such
securities have a net asset value based on the value of securities and
financial assets the investment company holds.\17\
---------------------------------------------------------------------------

    \17\ See id. at 31218-19.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2018-40 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section

19(b)(2)(B) of the Act \18\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\19\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \20\
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    \19\ Id.
    \20\ 15 U.S.C. 78f(b)(5).
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    According to the Exchange, the Fund, through its Subsidiary, may
invest up to 15% of its total assets in OTC shares of GBTC. In
addition, the Exchange represents that the liquid market in the shares
of GBTC alleviates valuation concerns, and that the substantial and
sustained trading volume in shares of GBTC would help to limit any
adverse effect on the Fund's arbitrage mechanism. What are commenters'
views on the Exchange's assertions that the liquid market in the shares
of GBTC alleviates valuation and arbitrage concerns? What are
commenters' views on whether any premium or discount in the market
price of GBTC compared to the value of its portfolio assets would
affect valuation and arbitrage concerns? What are commenters' views,
generally, on whether exposure to spot bitcoin markets through
investment in GBTC would render the Shares of the Fund susceptible to
manipulation?

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\21\
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    \21\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
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    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by October 19, 2018. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
November 2, 2018. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal,
which are set forth in the Notice,\22\ in addition to any other
comments they may wish to submit about the proposed rule change.
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    \22\ See Notice, supra note 3.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2018-40 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-NYSEArca-2018-40. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-40 and should be submitted
by October 19, 2018. Rebuttal comments should be submitted by November
2, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21107 Filed 9-27-18; 8:45 am]
 BILLING CODE 8011-01-P