[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Rules and Regulations]
[Pages 52047-52049]
[FR Doc No: 2020-16668]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0195; FRL-10012-66-Region 4]

Air Plan Approval; Georgia; Revision to I/M Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Georgia
through a letter dated March 15, 2019, through the Georgia Department
of Natural Resources (GA DNR), Environmental Protection Division (GA
EPD). The changes remove obsolete references, clarify the State's
inspection and maintenance (I/M) requirements, and update terminology,
including to reflect advances in technology. EPA evaluated the SIP
revision and determined the changes will not impact emissions under the
Georgia I/M program. EPA has determined that approval of the SIP
revision will not interfere with attainment or maintenance of any
national ambient air quality standard (NAAQS) or with any other
applicable requirement of the Clean Air Act (CAA or Act). Therefore,
EPA is approving the Georgia's March 15, 2019, SIP revision because it
is consistent with the applicable provisions of the CAA.

DATES: This rule is effective September 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0195 at http://www.regulations.gov.
All documents in the docket are listed on the www.regulations.gov
website. Although listed in the index, some information may not be
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
www.regulations.gov or in hard copy at the Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday 8:30 a.m. to 4:30
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9222. Ms. Sheckler can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. This Action

    EPA is approving changes to the Georgia SIP that were provided to
EPA under a cover letter dated March 15, 2019.\1\ Specifically, GA EPD
provided three different changes to Georgia's Rule 391-3-20--Enhanced
Inspection and Maintenance (``Georgia I/M Regulation''), which were
adopted by the GA DNR Board of Directors and became state-effective on
November 22, 2016, March 28, 2018, and February 17, 2019.\2\ The
changes are to update the SIP to remove obsolete references, clarify
the State's I/M requirements, and update terminology, including to
reflect advances in technology. These changes include adding, removing,
and revising definitions applicable to the Georgia I/M Regulation.
---------------------------------------------------------------------------

    \1\ EPA officially received Georgia's I/M SIP revision request
on March 21, 2019.
    \2\ Changes adopted by the GA DNR Board on October 26, 2016,
became state-effective on November 22, 2016; adopted on February 28,
2018, became state-effective on March 28, 2018; and adopted on
January 16, 2019, became state-effective on February 17, 2019.
---------------------------------------------------------------------------

II. Background

    Georgia's March 19, 2019 SIP revision contains changes to a number
of rules within the Georgia I/M Regulation to remove obsolete
references, clarify the State's I/M regulations, and update
terminology: Rule 391-3-20-.01, ``Definitions;'' Rule 391-3-20-.03,
``Covered Vehicles: Exemptions;'' Rule 391-3-20-.04, ``Emission
Inspection Procedures;'' Rule 391-3-20-.05, ``Emission Standards;''
Rule 391-3-20-.06, ``On-Road Testing of Exhaust Emissions by Remote
Sensing Technology or Other Means;'' Rule 391-3-20-.07, ``Inspection
Equipment System Specification;'' 391-3-20-.08, ``Quality Control and
Equipment Calibration Procedures;'' Rule 391-3-20-.09, ``Inspection
Station Requirements;'' Rule 391-3-20-.10, ``Certificates of
Authorization;'' Rule 391-3-20-.11, ``Inspector Qualifications and
Certification;'' Rule 391-3-20-.13, ``Certificate of Emission
Inspection;'' Rule 391-3-20-.15, ``Repairs and Retests;'' Rule 391-3-
20-.17, ``Waivers;'' and Rule 391-3-20-.18, ``Sale of Vehicles.''
    In a notice of proposed rulemaking (NPRM) published on May 14, 2020
(85 FR 28919), EPA proposed to approve the above changes into the
Georgia SIP. The details of Georgia's submission and the rationale for
EPA's action are explained in the NPRM. Comments on the NPRM were due
on or before June 15, 2020. EPA did not receive any comments on the
NPRM. Therefore, EPA is finalizing approval of those changes in this
action.
    In this final action, EPA is correcting an error in the NPRM
regarding the term ``Certification of Emission Inspection.'' In the
NPRM (Section III.A.2.b.), EPA stated that ``[t]he term `Certificate of
Emissions Inspection' is defined as a certificate issued to stations
that have been inspected and approved by GA EPD.'' Georgia Rule 391-
391-3-20-.01, ``Definitions,'' however, defines a ``Certificate of
Emissions Inspection'' as follows:

    (f) ``Certificate of Emissions Inspection'' means an official
certificate that exhaust emissions, evaporative emissions, emission
control equipment, and on-board diagnostic equipment have been
inspected and approved in accordance with the Act and this Chapter.
Such certificates will be furnished to official emission inspection
stations by EPD to be completed and issued by such stations to the
owner or operator of a responsible motor vehicle upon inspection and
approval certifying that such responsible motor vehicle has been
inspected and complies with the inspection and maintenance required
by the Act and this Chapter.

Therefore, the term ``Certificate of Emissions Inspection'' is defined
as a certificate issued to the owner or operator of a motor vehicle
that has received an emission inspection.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 40 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia Rules
391-3-20-.04, 391-3-20-.05, 391-3-20-.07, 391-3-20-.08, 391-3-20-.10,
391-3-20-.13, 391-3-20-.15, 391-3-20-.18, and 391-3-20-.20, state
effective on March 28, 2018, and Georgia Rules 390-3-20-.01, 391-3-
20-.03, 391-3-20-.06, 391-3-20-.09, 391-3-20-.11, and 391-3-20-.17,
state effective on February 17, 2019, within Chapter 391-3-20, titled
``Enhanced Inspection and Maintenance,'' to remove obsolete references,
clarify the State's I/M requirements, and update terminology, including
to reflect advances in technology. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 Office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving Georgia's March 15, 2019, SIP revision. The
changes revise sections of Georgia's Rule 391-3-20--Enhanced Inspection
and Maintenance. The changes update the SIP to remove obsolete
references, clarify the State's I/M requirements, and update
terminology, including to reflect advances in technology. These changes
include adding, removing, and revising definitions applicable to the
Georgia I/M Regulation. EPA is approving these changes because they are
consistent with the CAA and EPA's inspection and maintenance
regulations at 40 CFR part 51 subpart S.

V. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 23, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 23, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart (L)--Georgia

0
2. In Sec.  52.570 amend the table in paragraph (c) by:
0
a. Revising the entry for ``391-3-20''; and
0
b. Adding entries under ``Enhanced Inspection and Maintenance'' in
numerical order for ``391-3-20-.01, Definitions'', ``391-3-20-.02,
Covered Counties'', ``391-3-20-.03, Covered Vehicles; Exemptions'',
``391-3-20-.04, Emission Inspection Procedures'', ``391-3-20-.05,
Emission Standards'', ``391-3-20-.06, On-Road Testing of Exhaust
Emissions by Remote Sensing Technology or Other Means'', ``391-3-
20-.07, Inspection Equipment System Specifications'', ``391-3-20-.08,
Quality Control and Equipment Calibration Procedures'', ``391-3-20-.09,
Inspection Station Requirements'', ``391-3-20-.10, Certificates of
Authorization'', ``391-3-20-.11, Inspector Qualifications and
Certification'', ``391-3-20-.12, Schedules for Emission Inspections'',
``391-3-20-.13, Certificate of Emission Inspection'', ``391-3-20-.15,
Repairs and Retests'', ``391-3-20-.16, Extensions and Reciprocal
Inspections'', ``391-3-20-.17, Waivers'', ``391-3-20-.18, Sale of
Vehicles'', ``391-3-20-.19, Management Contractor'', ``391-3-20-.20,
Referee Program'', ``391-3-20-.21, Inspection Fees'', and ``391-3-
20-.22, Enforcement'', to read as follows:

Sec.  52.570   Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
     State citation            Title/subject        effective date      EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
391-3-20...............                            Enhanced Inspection and Maintenance
391-3-20-.01...........  Definitions..............       2/17/2019  8/24/2020, [Insert        ..................
                                                                     citation of
                                                                     publication].
391-3-20-.02...........  Covered Counties.........        1/9/2005  5/24/2007, 72 FR 29075..  ..................
391-3-20-.03...........  Covered Vehicles;               2/17/2019  8/24/2020, [Insert        ..................
                          Exemptions.                                citation of
                                                                     publication].
391-3-20-.04...........  Emission Inspection             3/28/2018  8/24/2020, [Insert        ..................
                          Procedures.                                citation of
                                                                     publication].
391-3-20-.05...........  Emission Standards.......       3/28/2018  8/24/2020, [Insert        ..................
                                                                     citation of
                                                                     publication].
391-3-20-.06...........  On-Road Testing of              2/17/2019  8/24/2020, [Insert        ..................
                          Exhaust Emissions by                       citation of
                          Remote Sensing                             publication].
                          Technology or Other
                          Means.
391-3-20-.07...........  Inspection Equipment            3/28/2018  8/24/2020, [Insert        ..................
                          System Specifications.                     citation of
                                                                     publication].
391-3-20-.08...........  Quality Control and             3/28/2018  8/24/2020, [Insert        ..................
                          Equipment Calibration                      citation of
                          Procedures.                                publication].
391-3-20-.09...........  Inspection Station              2/17/2019  8/24/2020, [Insert        ..................
                          Requirements.                              citation of
                                                                     publication].
391-3-20-.10...........  Certificates of                 3/28/2018  8/24/2020, [Insert        ..................
                          Authorization.                             citation of
                                                                     publication].
391-3-20-.11...........  Inspector Qualifications        2/17/2019  8/24/2020, [Insert        ..................
                          and Certification.                         citation of
                                                                     publication].
391-3-20-.12...........  Schedules for Emission          6/19/2014  4/10/2017, 82 FR 17128..  ..................
                          Inspections.
391-3-20-.13...........  Certificate of Emission         3/28/2018  8/24/2020, [Insert        ..................
                          Inspection.                                citation of
                                                                     publication].
391-3-20-.15...........  Repairs and Retests......       3/28/2018  8/24/2020, [Insert        ..................
                                                                     citation of
                                                                     publication].
391-3-20-.16...........  Extensions and Reciprocal       6/19/2014  4/10/2017, 82 FR 17128..  ..................
                          Inspections.
391-3-20-.17...........  Waivers..................       2/17/2019  8/24/2020, [Insert        ..................
                                                                     citation of
                                                                     publication].
391-3-20-.18...........  Sale of Vehicles.........       3/28/2018  8/24/2020, [Insert        ..................
                                                                     citation of
                                                                     publication].
391-3-20-.19...........  Management Contractor....       6/19/2014  4/10/2017, 82 FR 17128..  ..................
391-3-20-.20...........  Referee Program..........       3/28/2018  8/24/2020, [Insert        ..................
                                                                     citation of
                                                                     publication].
391-3-20-.21...........  Inspection Fees..........       6/19/2014  4/10/2017, 82 FR 17128..  ..................
391-3-20-.22...........  Enforcement..............       6/19/2014  4/10/2017, 82 FR 17128..  ..................
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-16668 Filed 8-21-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Notices]
[Page 70643]
[DOCID:fr12de07-95]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifth Meeting, Special Committee 212, Helicopter Terrain
Awareness and Warning System (HTWAS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 212, Helicopter Terrain
Awareness and Warning System (HTWAS).

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

SUMMARY: The FAA is issuing this notice to advise the public of RTCA
Special Committee 212, Helicopter Terrain Awareness and Warning System
(HTWAS).

DATES: The meeting will be held January 11, 2008, from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 212 meeting. The agenda will
include:
     January 11:
     Opening Plenary Session (Welcome, Introductions, and
Administrative Remarks, Agenda Overview).
     Approve the minutes from the 4th Plenary Meeting (December
5, 2007).
     Discuss/Resolve comments from the final review and
comments (FRAC) of the draft HTAWS MOPS Document.
     Approve the draft HTAWS MOPS document for RTCA PMC
consideration.
     Closing Plenary Session (Other Business, Establish Agenda,
Date and Place of Next Meeting, Adjourn).
    Attendance is open to the interested public but limited to space
availability. Pre-Registration for this meeting is not required for
attendance but is desired and can be done through the RTCA secretariat.
With the approval of the chairmen, members of the public may present
oral statements at the meeting. Persons wishing to present statements
or obtain information should contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. Members of the public may present
a written statement to the committee at any time.

    Issued in Washington, DC, on December 5, 2007.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 07-6020 Filed 12-11-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Notices]
[Page 16528-16529]
[DOCID:fr01ap10-127]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form 1, Rules 6a-1 and 6a-2, SEC File No. 270-0017, OMB Control
No. 3235-0017.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the existing collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Act'') sets forth a regulatory scheme for national securities
exchanges. Rule 6a-1 (17 CFR 240.6a-1) under the Act generally requires
an applicant for initial registration as a national securities exchange
to file an application with the Commission on Form 1 (17 CFR 249.1). An
exchange that seeks an exemption from registration based on limited
trading volume also must apply for such exemption on Form 1. Rule 6a-2
(17 CFR 240.6a-2) under the Act requires registered and exempt
exchanges: (1) To amend the Form 1 if there are any material changes to
the information provided in the initial Form 1; and (2) to submit
periodic updates of certain information provided in the initial Form 1,
whether such information has changed or not. The information required
pursuant to Rules 6a-1 and 6a-2 is necessary to enable the Commission
to maintain accurate files regarding the exchange and to exercise its
statutory oversight functions. Without the information submitted
pursuant to Rule 6a-1 on Form 1, the Commission would not be able to
determine whether the respondent met the criteria for registration or
exemption set forth in Sections 6 and 19 of the Act. Without the
amendments and periodic updates of information submitted pursuant to
Rule 6a-2, the Commission would have substantial difficulty determining
whether a national securities exchange or exempt exchange was
continuing to operate in compliance with the Act.
    Initial filings on Form 1 by new exchanges are made on a one-time
basis. The Commission estimates that it will

receive approximately three initial Form 1 filings per year and that
each respondent would incur an average burden of 47 hours to file an
initial Form 1 at an average cost per response of approximately
$10,354. Therefore, the Commission estimates that the annual burden for
all respondents to file the initial Form 1 would be 141 hours (one
response/respondent x three respondents x 47 hours/response) and
$31,062 (one response/respondent x three respondents x $10,354/
response).
    There currently are thirteen entities registered as national
securities exchanges and two exempt exchanges, for a total of 15
exchanges. The Commission estimates that each registered or exempt
exchange files four amendments or periodic update to Form 1 per year,
incurring an average burden of 25 hours to comply with Rule 6a-2. The
Commission estimates that the annual burden for all respondents to file
amendments and periodic updates to the Form 1 pursuant to Rule 6a-2 is
1500 hours (15 respondents x 25 hours/response x four response/
respondent per year) and $317,700 (15 respondents x $5,295/response x
one response/respondent per year).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Please direct your written comments to: Charles Boucher, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312
or send an e-mail to<EMAIL_ADDRESS>
    Dated: March 25, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7360 Filed 3-31-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55084-55086]
[FR Doc No: 2023-17306]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98090; File No. SR-GEMX-2023-10]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to a
Stockholders' Agreement by and Among Nasdaq, Inc., Adenza Parent, LP,
and the Other Parties Thereto

August 8, 2023.

    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 July 28, 2023, Nasdaq GEMX, LLC (the ``Exchange'') filed with the
Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposed rule change regarding a
stockholders' agreement by and among the Exchange's parent corporation,
Nasdaq, Inc. (``Nasdaq''), Adenza Parent, LP, a Delaware limited
partnership (``Seller''), and the other parties thereto
(``Stockholders' Agreement''). The Stockholders' Agreement will be
implemented upon closing under the Merger Agreement (as defined below).
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/gemx/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
    On June 10, 2023, Nasdaq entered into an Agreement and Plan of
Merger (the ``Merger Agreement'') by and among Nasdaq, Argus Merger Sub
1, Inc., a Delaware corporation and a direct wholly owned subsidiary of
Nasdaq, Argus Merger Sub 2, LLC, a Delaware limited liability company
and a direct wholly owned subsidiary of Nasdaq, Adenza Holdings, Inc.,
a Delaware corporation (``Adenza''), and Seller. Pursuant to the Merger
Agreement, and upon the terms and subject to the conditions therein,
Nasdaq will acquire 100% of the stock of Adenza (the ``Transaction'').
As a result of the Transaction, Seller is expected to hold, at closing,
approximately 15% of the outstanding Nasdaq common stock based upon the
outstanding shares of Nasdaq common stock as of June 9, 2023.\3\ The
shares to be held by Seller will be subject to Article Fourth of
Nasdaq's Amended and Restated Certificate of Incorporation, which
provides that no person who

beneficially owns shares of common stock or preferred stock of Nasdaq
in excess of 5% of the then-outstanding securities generally entitled
to vote may vote the shares in excess of 5%. This limitation mitigates
the potential for any Nasdaq shareholder to exercise undue control over
the operations of Nasdaq's self-regulatory subsidiaries (including the
Exchange), and facilitates the self-regulatory subsidiaries' and the
Commission's ability to carry out their regulatory obligations under
the Act.
---------------------------------------------------------------------------

    \3\ A copy of the Merger Agreement and a description of its
terms were filed by Nasdaq on Form 8-K on June 12, 2023 and are
available at: https://www.sec.gov/ix?doc=/Archives/edgar/data/0001120193/000119312523164839/d476077d8k.htm.
---------------------------------------------------------------------------

    Adenza and Seller are affiliates of certain funds managed by Thoma
Bravo, L.P., a Delaware limited partnership (``Thoma Bravo'').\4\ The
Merger Agreement contemplates that, at the closing, Nasdaq, Seller and
Thoma Bravo will enter into the Stockholders' Agreement. The
Stockholders' Agreement provides that, among other things, Thoma Bravo
will be entitled to propose one individual reasonably acceptable to
Nasdaq's Nominating & Governance Committee for nomination as director
for election to the Nasdaq Board (``Board Designee''), and such right
will exist for so long as Thoma Bravo, together with its controlled
affiliates (including Seller), continue to beneficially own at least
10% of the shares of Nasdaq common stock outstanding as of the closing
date. Nasdaq will: (i) include the Board Designee as a nominee to the
Nasdaq Board on each slate of nominees for election to the Nasdaq Board
proposed by management of Nasdaq, (ii) recommend the election of the
Board Designee to the stockholders of Nasdaq and (iii) without limiting
the foregoing, otherwise use its reasonable best efforts (which shall
include the solicitation of proxies) to cause the Board Designee to be
elected to the Nasdaq Board.
---------------------------------------------------------------------------

    \4\ Seller owns all of the issued and outstanding capital stock
of Adenza. Both Seller and Adenza are owned by Thoma Bravo.
---------------------------------------------------------------------------

    The Stockholders' Agreement relates solely to the Nasdaq Board, and
not to the boards of any of its subsidiaries, including the Exchange
Board. Nevertheless, the provisions of the Stockholders' Agreement
described above could be considered a proposed rule change of a
subsidiary that is a self-regulatory organization (``SRO''), if the
provisions were viewed as potentially impacting the governance of an
SRO in its capacity as wholly-owned subsidiary of Nasdaq. Accordingly,
the governing boards of directors of the Exchange and its affiliated
SROs have each reviewed the proposed change and determined that it
should be filed with the Commission.\5\
---------------------------------------------------------------------------

    \5\ The Exchange, Nasdaq BX, Inc. (``BX''), Nasdaq ISE, LLC
(``ISE''), Nasdaq MRX, LLC (``MRX''), The Nasdaq Stock Market LLC
(``NSM''), Nasdaq PHLX LLC (``Phlx''), Boston Stock Exchange
Clearing Corporation (``BSECC''), and Stock Clearing Corporation of
Philadelphia (``SCCP'') are each submitting this filing pursuant to
section 19(b)(3)(A) of the Act, 15 U.S.C. 78s(b)(3)(A)(iii).
---------------------------------------------------------------------------

    It is expected that the Board Designee, like the other directors of
the Nasdaq Board, would be nominated by the Nominating & Governance
Committee, the composition of which is subject to the independence
requirements of the Nasdaq By-Laws and NSM Rule 5605.\6\ The Board
Designee must then be elected by the stockholders of Nasdaq, like the
other directors of the Nasdaq Board. The Nasdaq Board is currently
composed of 11 directors and is expected to increase to 12 directors
upon the closing of the Transaction. Thus, the Board Designee would
represent a small percentage (approximately 8.3%) of the Nasdaq Board.
---------------------------------------------------------------------------

    \6\ Section 4.13 of the Nasdaq By-Laws provide that the
Nominating & Governance Committee shall be appointed annually by the
Nasdaq Board and shall consist of two or more directors, each of
whom shall be an independent director within the meaning of the
rules of NSM. The number of Non-Industry Directors (i.e., directors
without material ties to the securities industry) on the Nominating
& Governance Committee shall equal or exceed the number of Industry
Directors and at least two members of the committee shall be Public
Directors (i.e., directors who have no material business
relationship with a broker or dealer, Nasdaq or its affiliates, or
FINRA). NSM Rule 5605, which governs Nasdaq as a company whose
securities are listed on NSM, requires Nominating & Governance
Committee members to satisfy the definition of ``independence'' in
NSM Rule 5605 and IM-5605 and to otherwise be deemed independent by
the Nasdaq Board.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\7\ in general, and furthers the objectives of section
6(b)(1) of the Act,\8\ in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Act and to comply, and to enforce compliance by its
participants, with the provisions of the Act, the rules and regulations
thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposal related to the Stockholders' Agreement would not
impact the Exchange's ability to be so organized as to have the
capacity to be able to carry out the purposes of the Act. In
particular, the proposed changes would not alter the limitations on
voting and ownership set forth in Article Fourth of Nasdaq's Amended
and Restated Certificate of Incorporation, and so the proposed changes
would not enable a person to exercise undue control over the operations
of Nasdaq's self-regulatory subsidiaries or to restrict the ability of
the Commission or the Exchange to effectively carry out their
regulatory oversight responsibilities under the Act. Further, as
discussed above, it is expected that the Board Designee, like the other
directors of the Nasdaq Board, would be nominated by the Nominating &
Governance Committee, whose members are subject to the independence
requirements of the Nasdaq By-Laws and NSM Rule 5605. Further, the
Board Designee must then be elected by the stockholders of Nasdaq, like
the other directors of the Nasdaq Board. The Nasdaq Board is currently
composed of 11 directors and is expected to increase to 12 directors
upon the closing of the Transaction. Thus, the Board Designee would
represent a small percentage (approximately 8.3%) of the Nasdaq Board.
    The Exchange also notes that the proposed rule change is
substantially similar to prior proposals by the Exchange's affiliated
SROs related to Nasdaq stockholders' agreements that gave similar
rights to recommend Nasdaq Board designees.\9\ As such, the Exchange
does not believe that its proposal raises any new or novel issues not
already considered by the Commission.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 57099 (January 4,
2008), 73 FR 1901 (January 10, 2008) (SR-NASDAQ-2008-002) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Nasdaq Stockholders' Agreement Between the Nasdaq Stock Market,
Inc. and Borse Dubai Limited). See also Securities Exchange Act
Release No. 63786 (January 27, 2011), 76 FR 6168 (February 3, 2011)
(SR-NASDAQ-2011-013, SR-PHLX-2011-08, SR-BX-2011-004) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Changes Relating
to a Stockholders' Agreement Between the NASDAQ OMX Group, Inc. and
Investor AB).
---------------------------------------------------------------------------

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

    Because the proposed rule change is related solely to Thoma Bravo's
right to nominate the Board Designee to the Nasdaq Board pursuant to
the Stockholders' Agreement and not to the operations of the Exchange,
the Exchange does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A)(iii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ of the Act
normally does not become operative prior to 30 days after the date of
filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay contained in Rule
19b-4(f)(6)(iii).\14\ The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest as the proposal raises no new or novel issues.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposal operative upon filing.\15\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please
include file number SR-GEMX-2023-10 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-GEMX-2023-10. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection.
    All submissions should refer to file number SR-GEMX-2023-10 and
should be submitted on or before September 5, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-17306 Filed 8-11-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Notices]
[Pages 62510-62511]
[FR Doc No: 2014-24671]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-98]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. 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, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0787 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 8, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0787.
    Petitioner: Blue-Chip Unmanned Aerial Solutions, Inc.

    Section of 14 CFR: part 21, Subpart H, Sec. Sec.  45.23(b),
61.113(a) and (b), 61.133(a)(1), 91.7(a), 91.103, 91.109, 91.119,
91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and
(b).
    Description of Relief Sought: The petitioner is seeking an
exemption to operate a Sensurion Magpie unmanned aircraft to conduct
commercial unmanned aerial systems (UAS) operations for the
agriculture, oil and gas, aerial photography and wildlife preservation
industries, within the United States National Airspace System, Class G
and occasionally E airspace.

[FR Doc. 2014-24671 Filed 10-16-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11359-11362]
[FR Doc No: 2019-05705]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85376; File No. SR-PEARL-2019-09]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX
PEARL Fee Schedule

March 20, 2019.
    Pursuant to the provisions of 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 8, 2019, MIAX PEARL, LLC (``MIAX PEARL''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend the MIAX PEARL Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl, at MIAX
PEARL's principal office, 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 (i) make a number of non-substantive,
technical corrections to its routing fee table set forth in Section
1(b) of the Fee Schedule to reflect the recent addition of a new
national securities exchange, MIAX Emerald, LLC (``MIAX Emerald''),\3\
to be listed in the routing fee table; (ii) change the exchange
groupings of options exchanges within the routing fee table and to
adjust the fee for certain groupings, to reflect the associated fee for
customer orders that are routed to those options exchanges for
execution; and (iii) make a non-substantive, technical formatting
correction.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 84891 (December 20,
2018), 83 FR 67421 (December 28, 2018) (File No. 10-233) (order
approving application of MIAX Emerald, LLC for registration as a
national securities exchange).
---------------------------------------------------------------------------

Addition of MIAX Emerald
    MIAX Emerald commenced operations as a national securities exchange
registered under Section 6 of the Act \4\ on March 1, 2019. The names
of all options exchanges are set forth in the Exchange's routing fee
table set forth in Section 1(b) of the Fee Schedule, which sets forth
the fees for customer orders that are routed to those options exchanges
for execution. Accordingly, the Exchange proposes to update its routing
fee table set forth in Section 1(b) of the Fee Schedule to reflect the
addition of MIAX Emerald as a national securities exchange. The amount
of the applicable fee is determined based upon (i) the origin type of
the order, (ii) whether or not it is an order for an option in a Penny
or Non-Penny class (or other explicitly identified classes) and (iii)
to which away market it is being routed.\5\ The Exchange proposes to
add MIAX Emerald to the second ``Routed, Priority Customer,\6\ Penny
Pilot'' exchange grouping, the second ``Routed, Priority Customer, Non-
Penny Pilot'' exchange grouping, the ``Routed, Public Customer that is
not a Priority Customer, Penny Pilot'' exchange grouping, and the
second ``Routed, Public Customer that is not a Priority Customer, Non-
Penny Pilot'' exchange grouping. In determining its Routing Fees, the
Exchange takes into account transaction fees and rebates assessed by
the away markets to which the Exchange routes orders, as well as the

Exchange's clearing costs,\7\ administrative, regulatory, and technical
costs associated with routing orders to an away market. The Exchange
uses unaffiliated routing brokers to route orders to the away markets;
the costs associated with the use of these services are included in the
Routing Fees specified in the Fee Schedule. Based on its analysis, the
Exchange determined that the exchange groupings discussed above were
the similar grouping within which to include MIAX Emerald.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ This is similar to the methodologies utilized by BATS in
assessing Routing Fees. See Cboe BZX Options Fee Schedule under
``Fee Codes and Associated Fees.''
    \6\ ``Priority Customer'' means a person or entity that (i) is
not a broker or dealer in securities, and (ii) does not place more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100, including Interpretations and Policies .01.
    \7\ The OCC amended its clearing fee from $0.01 per contract
side to $0.02 per contract side. See Securities Exchange Act Release
No. 71769 (March 21, 2014), 79 FR 17214 (March 27, 2014) (SR-OCC-
2014-05).
---------------------------------------------------------------------------

Updated Grouping of Certain Options Exchanges and Fees
    The Exchange proposes to change the exchange groupings of options
exchanges within the routing fee table and to adjust the fee for
certain groupings, to better reflect the associated costs of routing
customer orders to those options exchanges for execution. As noted
above, the Exchange assesses the applicable routing fee based upon (i)
the origin type of the order, (ii) whether or not it is an order for an
option in a Penny or Non-Penny class (or other explicitly identified
classes) and (iii) to which away market it is being routed.\8\ In
determining which category to group an exchange into, the Exchange
primarily takes into account the amount of the transaction fees and
rebates assessed by the away markets to which the Exchange routes
orders, as well as the Exchange's clearing costs, administrative costs,
regulatory, and technical costs associated with routing orders to an
away market. The Exchange uses unaffiliated routing brokers to route
orders to the away markets; the costs associated with the use of these
services are included in the Routing Fees specified in the Fee
Schedule.
---------------------------------------------------------------------------

    \8\ See supra note 5.
---------------------------------------------------------------------------

    Cboe BZX Options Exchange (``BZX Options'') has exchange groupings
in its fee schedule, similar to those of MIAX PEARL, whereby several
exchanges are grouped into the same category, dependent on the order's
origin type and whether it is a Penny or Non-Penny Pilot class.\9\ The
Exchange believes having these types of exchange groupings allows it
greater precision in covering its costs associated with routing orders
to away markets. The per-contract transaction fee amount associated
with each grouping approximates the Exchange's all-in cost (plus an
additional, non-material amount) to execute that corresponding contract
at that corresponding exchange.
---------------------------------------------------------------------------

    \9\ See supra note 5.
---------------------------------------------------------------------------

    As a result of conducting a periodic review of the current
transaction fees and rebates charged by away markets, the Exchange has
determined to change the exchange grouping of options exchanges within
the routing fee table and to adjust the fee for certain groupings, to
better reflect the associated costs of routing customer orders to those
options exchanges for execution. First, the Exchange proposes to add
MIAX Options, Cboe, Nasdaq PHLX, Nasdaq ISE, and Cboe EDGX Options to
the first ``Routed, Public Customer that is not a Priority Customer,
Non-Penny Pilot'' exchange grouping, and to increase the fee for this
exchange grouping from $0.65 to $1.00. Next, the Exchange proposes to
add NOM and BOX to the second ``Routed, Public Customer that is not a
Priority Customer, Non-Penny Pilot'' exchange grouping, and to decrease
the fee for this exchange grouping from $1.20 to $1.15. The Exchange
also proposes to remove NYSE Arca Options, Cboe BZX Options, and Nasdaq
GEMX from this exchange grouping. Next, the Exchange proposes to add
Cboe BZX Options, NYSE Arca Options, and Nasdaq GEMX to the third
``Routed, Public Customer that is not a Priority Customer, Non-Penny
Pilot'' exchange grouping, and to increase the fee for this exchange
grouping from $0.97 to $1.25. The Exchange also proposes to remove BOX,
Cboe, Cboe EDGX Options, Nasdaq ISE, MIAX Options, NOM and Nasdaq PHLX
from this exchange grouping. The Exchange notes that no options
exchanges were removed from the routing fee table entirely, and were
only categorized within a different exchange grouping. Finally, the
Exchange proposes to increase the fee for the second ``Routed, Priority
Customer, Non-Penny Pilot'' exchange grouping from $0.97 to $1.00. The
Exchange does not propose to adjust the fee it charges for the first or
second ``Routed, Priority Customer, Penny Pilot'' exchange groupings;
the first ``Routed, Priority Customer, Non-Penny Pilot'' exchange
grouping; and the ``Routed, Public Customer that is not a Priority
Customer, Penny Pilot'' exchange grouping. All of the foregoing changes
to the groupings and the amounts are based on corresponding changes to
the fee amounts assessed by the away exchanges since the last time the
Exchange changed its Routing Fees.
Formatting Corrections
    The Exchange also proposes to make a number of non-substantive,
technical formatting corrections. Specifically, the Exchange notes that
the current routing fee table incorrectly lists MIAX Options with all
capitalized letters. The Exchange proposes to correct ``MIAX OPTIONS''
as currently written in the first ``Routed, Priority Customer, Penny
Pilot'' exchange grouping, the first ``Routed, Priority Customer, Non-
Penny Pilot'' exchange grouping, and the ``Routed, Public Customer that
is not a Priority Customer, Penny Pilot'' exchange grouping to now be
written as ``MIAX Options,'' with the word ``options'' only having the
first letter capitalized. The Exchange notes that the word ``Options''
was inadvertently capitalized and believes that correcting the
formatting of the word would make the routing table clearer, and would
align the formatting with the rest of the Fee Schedule. The Exchange
also proposes to make a correction in the third ``Routed, Public
Customer that is not a Priority Customer, Non-Penny Pilot'' exchange
grouping. Specifically, the Exchange proposes to remove the parenthesis
around the words ``Public Customer that is not a Priority Customer.''
The Exchange notes that the parenthesis were inadvertently added and
believes that removing the parenthesis would make the routing fee table
clearer, as it would align the formatting with the other exchange
groupings in the table. Lastly, the Exchange proposes to amend the
title of Section 1(b) of the Fee Schedule to remove the words ``and
Rebate'' from the title. The Exchange notes that the title of the
Section currently reads ``Fees and Rebates for Customer Orders Routed
to Another Options Exchange.'' The routing fee table does not currently
contain any rebates, therefore, as amended, the Exchange proposes for
the title of the Section to now read ``Fees for Customer Orders Routed
to Another Options Exchange.'' The Exchange believes this will add
clarity and precision with respect to the structure of its Fee
Schedule. The Exchange notes that none of the proposed technical
corrections change the application of routing fee table in any way.
    Accordingly, as amended, the routing fee table shall be as follows:
(b) Fees for Customer Orders Routed to Another Options Exchange
    MIAX PEARL will assess a Routing Fee to market participants on all
orders routed to and executed on an away market as set forth in the
table below.

------------------------------------------------------------------------
                           Description                             Fees
------------------------------------------------------------------------
Routed, Priority Customer, Penny Pilot, to: NYSE American, BOX,    $0.15
 Cboe, Cboe EDGX Options, Nasdaq MRX, MIAX Options, Nasdaq PHLX
 (except SPY), Nasdaq BX Options................................
Routed, Priority Customer, Penny Pilot, to: NYSE Arca Options,      0.65
 Cboe BZX Options, Cboe C2, Nasdaq GEMX, Nasdaq ISE, NOM, Nasdaq
 PHLX (SPY only), MIAX Emerald..................................
Routed, Priority Customer, Non-Penny Pilot, to: NYSE American,      0.15
 BOX, Cboe, Cboe EDGX Options, Nasdaq ISE, Nasdaq MRX, MIAX
 Options, Nasdaq PHLX, Nasdaq BX Options........................
Routed, Priority Customer, Non-Penny Pilot, to: NYSE Arca           1.00
 Options, Cboe BZX Options, Cboe C2, Nasdaq GEMX, NOM, MIAX
 Emerald........................................................
Routed, Public Customer that is not a Priority Customer, Penny      0.65
 Pilot, to: NYSE American, NYSE Arca Options, Cboe BZX Options,
 BOX, Cboe, Cboe C2, Cboe EDGX Options, Nasdaq GEMX, Nasdaq ISE,
 Nasdaq MRX, MIAX Emerald, MIAX Options, NOM, Nasdaq PHLX,
 Nasdaq BX Options..............................................
Routed, Public Customer that is not a Priority Customer, Non-       1.00
 Penny Pilot, to: NYSE American, MIAX Options, Cboe, Nasdaq
 PHLX, Nasdaq ISE, Cboe EDGX Options............................
Routed, Public Customer that is not a Priority Customer, Non-       1.15
 Penny Pilot, to: Cboe C2, NOM, BOX, Nasdaq MRX, Nasdaq BX
 Options, MIAX Emerald..........................................
Routed Public Customer that is not a Priority Customer, Non-        1.25
 Penny Pilot, to: Cboe BZX Options, NYSE Arca Options, Nasdaq
 GEMX...........................................................
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \10\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\11\ in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange members and issuers and other persons using its
facilities, and 6(b)(5) of the Act,\12\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes to update its routing
fee table set forth in Section 1(b) of the Fee Schedule to reflect the
addition of MIAX Emerald as a national securities exchange furthers the
objectives of Section 6(b)(4) of the Act and are equitable and
reasonably and not unfairly discriminatory because the addition of MIAX
Emerald to the routing fee table would apply in the same manner to all
Members that are subject to the Routing Fee. The Exchange believes the
proposed changes are equitable and reasonable since they make non-
substantive, technical corrections and updates to the Exchange's Fee
Schedule. The addition of MIAX Emerald to the routing fee table does
not alter the application of any Routing Fees, but instead adds MIAX
Emerald to the appropriate exchange groupings in the routing fee table
to reflect that MIAX Emerald has been added as a national securities
exchange. The Exchange believes that the proposed changes to update its
routing fee table to reflect the addition of MIAX Emerald as a national
securities exchange furthers the objectives of Section 6(b)(5) of the
Act and promote just and equitable principles of trade and remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the proposed changes will provide
greater clarity to Members and the public regarding the Exchange's
Rules. It is in the public interest for rules to be accurate and
concise so as to eliminate the potential for confusion.
    The Exchange believes the proposed change to the exchange groupings
of options exchanges within the routing fee table and to adjustments to
the fee for certain groupings, to reflect the associated fee for
customer orders that are routed to those options exchanges for
execution further the objectives of Section 6(b)(4) of the Act and are
reasonable, equitable and not unfairly discriminatory because they will
continue to apply in the same manner to all Members that are subject to
Routing Fees. The Exchange believes the proposed changes to the routing
fee table exchange grouping and fees also further the objectives of
Section 6(b)(5) of the Act and are designed to promote just and
equitable principles of trade and are not unfairly discriminatory
because they seek to recoup costs that are incurred by the Exchange
when routing customer orders to away markets on behalf of Members and
in the same manner to all Members that are subject to the Routing Fee.
The costs to the Exchange to route orders to away markets for execution
primarily includes transaction fees and rebates assessed by the away
markets to which the Exchange routes orders, in addition to the
Exchange's clearing costs, administrative, regulatory and technical
costs. The Exchange believes that the proposed re-categorization of
certain exchange groupings and adjustments to fees would enable the
Exchange to recover the costs it incurs to route orders to away
markets. The per-contract transaction fee amount associated with each
grouping approximates the Exchange's all-in cost (plus an additional,
non-material amount) to execute the corresponding contract at the
corresponding exchange. The Exchange believes it is reasonable,
equitable and not unfairly discriminatory to re-categorize certain
exchange groupings and make adjustments to the associated fees because
all such changes are based on corresponding changes to the fee amounts
assessed by the away exchanges since the last time the Exchange changed
its Routing Fees.
    In addition, the Exchange believes that it is equitable and not
unfairly discriminatory to assess lower routing fees to Priority
Customer orders than to Public Customer orders. A Priority Customer is
by definition not a broker or dealer in securities, and does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). Further, the routing
fees for Priority Customer orders are based on the fees charged by the
away market for the execution of such orders, therefore it is
reasonable and appropriate for the routing fees to be lower than the
routing fees for Public Customer orders, as this is the fee construct
at the away markets.
    Lastly, the Exchange believes that the proposed non-substantive,
technical formatting corrections further the objectives of Section
6(b)(4) of the Act and 6(b)(5) of the Act in that the changes are
equitable and reasonable and not unfairly discriminatory because this
proposal is intended only as a technical correction to the formatting
of certain names within the routing fee

table and to update to the title of Section 1(b) of the Fee Schedule to
accurately reflect that this Section only includes fees, which does not
have any substantive impact on the Routing Fees. The Exchange believes
making these technical formatting corrections promotes just and
equitable principles of trade, fosters cooperation and coordination
with persons engaged in facilitating transactions in securities, and
protects investors and the public interest, because it would eliminate
any potential confusion as a result of incorrect formatting and
wording. It is in the public interest for rules to be accurate and
concise so as to eliminate the potential for confusion.

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

    MIAX PEARL does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes to update
its routing fee table set forth in Section 1(b) of the Fee Schedule to
reflect the addition of MIAX Emerald as a new national securities
exchange will have no impact on competition as they are not designed to
address any competitive issues but rather are designed to make non-
substantive technical corrections and update the Exchange's Fee
Schedule by adding MIAX Emerald to the appropriate exchange groupings
in the routing fee table to reflect that MIAX Emerald has been added as
a national securities exchange. The Exchange's proposed re-
categorization of certain exchange groupings and adjustment of fees is
intended to enable the Exchange to recover the costs it incurs to route
orders to away markets. The Exchange does not believe that this
proposal imposes any unnecessary burden on competition because it seeks
to recoup costs incurred by the Exchange when routing orders to away
markets on behalf of Members and other Exchange have similar Routing
Fee structures.\13\ Further, the Exchange does not believe that the
technical formatting corrections to the routing fee table will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act because the proposal is intended to
eliminate any potential confusion as a result of incorrect formatting
and wording. In doing so, the proposed rule change will also serve to
promote clarity and consistency in the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    \13\ See supra note 5.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\14\ and Rule 19b-4(f)(2) \15\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-PEARL-2019-09 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-PEARL-2019-09. 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-PEARL-2019-09 and should be submitted on
or before April 16, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-05705 Filed 3-25-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Proposed Rules]
[Pages 71472-71474]
[FR Doc No: 2011-29800]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1231; Directorate Identifier 2011-NM-088-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and
-900ER series airplanes. This proposed AD would require inspecting to
detect damage to the upper fire seals on the forward edge of the thrust
reverser, where the fire seal contacts the 12-o'clock engine strut, and
for correct stiffness and vent holes, and doing corrective actions if
necessary; and installing a bracket for the fire seal. This proposed AD
was prompted by reports of damaged fire seals on the forward edge of
the thrust reverser. We are proposing this AD to detect and correct
damage to the fire seals, which could result in damage to the strut
structure and the thrust reverser firewall. Such damage could
significantly deteriorate the protection capacity of the fire
extinguishing system and result in an uncontrolled fire.

DATES: We must receive comments on this proposed AD by January 3, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Chris R. Parker, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
(425) 917-6496; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1231;
Directorate Identifier 2011-NM-088-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of damaged fire seals on the forward edge
of the thrust reverser, where the fire seal contacts the 12-o'clock
engine strut. The damage has been reported as light wear marks, tears,
and holes in the bulb-part of the fire seal. The damage to the seal is
attributed to insufficient seal stiffness and/or missing vent holes. If
a damaged seal remained in service for an extended time, damage also
could result to the 12-o'clock strut structure and the thrust reverser
firewall. Such damage could significantly deteriorate the protection
capacity of the fire extinguishing system and result in an uncontrolled
fire.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 737-78-
1086, dated October 6, 2010. This service information describes
procedures for a general visual inspection on the upper fire seals on
the forward edge of the thrust reversers, where the fire seals contact
the 12-o'clock engine strut, for damage and correct stiffness, and for
sufficient vent holes behind the upper fire seals; and corrective
actions if necessary. Corrective actions include replacing any damaged
fire seal, drilling vent holes in the upper fire seal if needed. The
service information also specifies installing a new bracket behind the
fire seal retainer to further stiffen the seal.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or

develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described.

Costs of Compliance

    We estimate that this proposed AD will affect 968 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
General visual inspection and        18 work-hours x $85 per                $756          $2,286      $2,212,848
 bracket installation.                hour = $1,530.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do necessary repairs and
replacements that would be required based on the results of the
proposed inspection. We have no way of determining the number of
aircraft that might need these repairs.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Drill vent holes (up to 8).................  1 work-hour x $85 per hour = $85...              $0             $85
Replace fire seal (up to 4)................  8 work-hours x $85 per hour = $680.           8,010           8,690
----------------------------------------------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2011-1231; Directorate Identifier
2011-NM-088-AD.

Comments Due Date

    (a) We must receive comments by January 3, 2012.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes with line numbers 1
through 3029 inclusive; certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 78: Engine exhaust.

Unsafe Condition

    (e) This AD was prompted by reports of damaged upper fire seals
on the forward edge of the thrust reversers. We are issuing this AD
to detect and correct damage to the fire seals, which could result
in damage to the strut structure and the thrust reverser firewall.
Such damage could significantly deteriorate the protection capacity
of the fire extinguishing system and result in an uncontrolled fire.

Compliance

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

Inspections and Corrective Actions

    (g) Within 36 months after the effective date of this AD: Do a
general visual inspection of the left and right thrust reverser
halves of each engine for damage to the upper fire seal, for
stiffness of the upper fire seal, and for missing vent holes as
applicable, in accordance with paragraph 3.B. of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-78-
1086, dated October 6, 2010.
    (1) If, during the inspection required by paragraph (g) of this
AD, no upper fire seal damage is found, and the fire seal has the
correct stiffness: Before further flight, drill vent holes if they
are missing, and install a new bracket behind the upper fire seal
retainer, in accordance with paragraph 3.B. of

the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-78-1086, dated October 6, 2010.
    (2) If, during the inspection required by paragraph (g) of this
AD, upper fire seal damage or insufficient fire seal stiffness is
found: Before further flight, install a new upper fire seal, drill
vent holes if they are missing, and install a new bracket behind the
upper fire seal retainer, in accordance with paragraph 3.B. of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-78-1086, dated October 6, 2010.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

Related Information

    (i) For more information about this AD, contact Chris R. Parker,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425)
917-6496; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued in Renton, Washington, on November 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-29800 Filed 11-17-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73644-73645]
[FR Doc No: 2012-29829]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-362-000.
    Applicants: Equitrans, L.P.
    Description: Negotiated Rate Service Agreement--Rice Drilling B LLC
to be effective 12/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5041.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP13-363-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: MGI Non-Conforming TSAs Filing to be effective 1/1/
2013.
    Filed Date: 11/30/12.
    Accession Number: 20121130-5476.
    Comments Due: 5 p.m. ET 12/12/12.

    Docket Numbers: RP13-364-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Filing to Incorporate Approved Tariff Changes (RP13-
208 & RP13-265) to be effective 12/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5077.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP13-365-000.
    Applicants: TC Offshore LLC.
    Description: Non-Conforming Agreements to be effective 12/3/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5099.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP13-366-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Storage Tracker Filing to be effective 11/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5110.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP13-367-000.
    Applicants: CenterPoint Energy Gas Transmission Comp.
    Description: CEGT LLC--December 2012 Negotiated Rate Filing to be
effective 12/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5119.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP13-368-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Iroquois Gas Transmission System, L.P. submits tariff
filing per 154.204: 12/03/12 Negotiated Rates--ConocoPhillips Company
(RTS) Amend 1 to be effective 12/3/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5164.
    Comments Due: 5 p.m. ET 12/17/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-1125-001.
    Applicants: Gulf States Transmission LLC.
    Description: Gulf States Transmission NAESB 2.0 Compliance with
Order Filing to be effective 12/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5108.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP12-818-001.
    Applicants: Crossroads Pipeline Company.
    Description: Non-Conforming Agreement--NIPSCO--Compliance Filing to
be effective 11/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5135.
    Comments Due: 5 p.m. ET 12/17/12.

    Docket Numbers: RP13-260-001.
    Applicants: High Point Gas Transmission, LLC.
    Description: Compliance NAESB Resubmittal Filing to be effective
12/1/2012.
    Filed Date: 12/3/12.
    Accession Number: 20121203-5055.
    Comments Due: 5 p.m. ET 12/17/12.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: December 4, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-29829 Filed 12-10-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Page 40058]
[FR Doc No: 2017-17903]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Unified Carrier Registration Plan Board of Directors
Meeting.

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

TIME AND DATE: The meeting will be held on August 24, 2017, from 1:00
p.m. to 5:00 p.m., Pacific Daylight Time.

PLACE: The meetings will be open to the public at the Double Tree
Suites Doheny Beach, 34402 Pacific Coast Highway, Dana Point, CA 92629,
and via conference call. Those not attending the meeting in person may
call 1-877-422-1931, passcode<PHONE_NUMBER>, to listen and participate in
the meeting.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: August 18, 2017.
Larry W. Minor,
 Associate Administrator for Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2017-17903 Filed 8-21-17; 11:15 am]
BILLING CODE 4910-EX-P


July 7, 2011

MEMORANDUM

FROM:  	Kenneth Davidson

	   	Assessment and Standards Division

TO:	 	 Docket EPA-HQ-OAR-2010-0162

SUBJECT:	BenMAP Air Quality Modeling Data Files for Estimation of Health
Impacts Associated with the Final Heavy-Duty National Program

The purpose of this memorandum is to transmit BenMAP air quality
modeling data input and configuration files used for the estimation of
PM and ozone-related health impacts associated with the final Heavy-Duty
National Program.  When used as input files to the publicly-available
Environmental Benefits Mapping and Analysis Program (BenMAP), a user
will be able to replicate the health impacts analysis results presented
in the RIA for this rulemaking.  The summary files are as follows:

File 1: BenMAP_AirQualityGrids.zip

12km ambient PM and ozone air quality grid input data for BenMAP
(baseline and control for 2030)

File 2: BenMAP_Configurations.zip

PM and ozone health effects configuration file for BenMAP (.cfg files)

PM and ozone health effects aggregation, pooling, and valuation file for
BenMAP (.apv files)

File 3: BenMAP_Executable.zip

BenMAP executable file (.exe)

The health impacts analysis is discussed in Section VIII.H of the
preamble and Chapter 8 of the Regulatory Impact Analysis.

 BenMAP is compatible with these files and can be downloaded at
http://www.epa.gov/air/benmap/download.html