[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44073-44075]
[FR Doc No: 2011-18496]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64904; File No. SR-NYSE-2011-34]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 17 To Make Changes Necessary To Allow Its Routing
Broker To Operate Consistent With the Requirements of Rule 15c3-5 Under
the Securities Exchange Act of 1934

 July 18, 2011.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that July 13, 2011, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 17 to make changes
necessary to allow its Routing Broker to operate consistent with the
requirements of Rule 15c3-5 under the Securities Exchange Act of 1934
(``Act'').\4\ The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://www.nyse.com.
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    \4\ 17 CFR 240.15c3-5.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 17 to permit its Routing
Broker to operate consistent with the requirements of SEC Rule 15c3-
5.\5\ Specifically, the proposed rule change would allow the Routing
Broker, in its sole discretion, to reject orders pursuant to risk
management controls and supervisory procedures maintained by the
Routing Broker pursuant to SEC Rule 15c3-5. The Exchange's affiliates,
NYSE Amex LLC (``NYSE Amex'') and NYSE Arca, Inc. (``NYSE Arca''), are
proposing substantially similar rule changes.\6\
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    \5\ NYSE Rule 13 defines ``Routing Broker'' as ``the broker-
dealer affiliate of the Exchange and/or any other non-affiliate
third-party broker-dealer that acts as a facility of the Exchange
for routing orders entered into Exchange systems to other market
centers for execution whenever such routing is required by Exchange
Rules and federal securities laws. The Routing Brokers will operate
as described in Exchange Rule 17.''
    \6\ See SR-NYSEAmex-2011-52 (equities), SR-NYSEAmex-2011-53
(options), SR-NYSEArca-2011-49 (equities), and SR-NYSEArca-2011-50
(options).
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    Archipelago Securities LLC (``Arca Securities'') currently is the
primary outbound Routing Broker for the Exchange. The outbound routing
function for the Exchange is governed by NYSE Rules 13 and 17. NYSE
Rule 17(c)(1) currently provides that the Routing Broker cannot change
the terms of an order or the routing instructions, nor can it exercise
any discretion about where to route an order.
    On November 3, 2010, the Commission adopted SEC Rule 15c3-5,\7\
pursuant to which, among other things, broker-dealers providing market
access are required to implement certain pre-order entry checks in
order to manage the financial, regulatory, and other risks associated
with providing their customers with market access. In anticipation of
the upcoming July 14, 2011 compliance date for SEC Rule 15c3-5, the
Exchange is proposing to amend NYSE Rule 17 to describe the manner in
which the Routing Broker will handle routable orders consistent with
SEC Rule 15c3-5.\8\
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    \7\ See Securities Exchange Act Release No. 63241 (November 3,
2010), 75 FR 69792 (November 15, 2010) (File No. S7-03-10).
    \8\ The Commission extended the compliance date to November 30,
2011 for all of the requirements for fixed income securities and the
requirements of SEC Rule 15c3-5(c)(1)(i) for all securities. See
Securities Exchange Act Release No. 64748 (June 27, 2011), 76 FR
38293 (June 30, 2011) (File No. S7-03-10).
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    Specifically, the Exchange proposes to adopt NYSE Rule
17(c)(1)(A)(ii) to provide that, in the Routing Broker's sole
discretion, pursuant to risk management controls and supervisory
procedures maintained by the Routing Broker pursuant to SEC Rule 15c3-
5, the Routing Broker may reject any order or series of orders as
necessary to manage the financial, regulatory, and other risks of the
Routing Brokers(s) providing ``market access,'' as that term is defined
in SEC Rule 15c3-5(a)(1).\9\ The Routing Broker's policies and
procedures for compliance with SEC Rule 15c3-5 will address two
circumstances: (1) When the Routing Broker routes orders on behalf of
the Exchange for the purpose of accessing other trading centers with
protected quotations in compliance with Rule 611 of Regulation NMS
under the Act \10\ for ``NMS stocks'' (as that term is defined

in Rule 600 of Regulation NMS),\11\ or in compliance with a national
market system plan for listed options (``exempt orders''); and (2) when
the Routing Broker routes orders on behalf of the Exchange for any
other purpose, including pursuant to the terms of an order type adopted
by the Exchange or pursuant to a routing strategy through which the
Routing Broker routes orders to market centers that are not posting
``protected quotations'' (as that term is defined in Rule 600 of
Regulation NMS) \12\ (``non-exempt orders'').
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    \9\ The existing text of NYSE Rule 17(c)(1)(A) would be
renumbered as NYSE Rule 17(c)(1)(A)(i).
    \10\ 17 CFR 242.611.
    \11\ 17 CFR 242.600(47).
    \12\ 17 CFR 242.600(58).
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    With respect to exempt orders, SEC Rule 15c3-5(b) provides that a
broker-dealer that routes orders on behalf of an exchange for the
purpose of accessing other trading centers with protected quotations in
compliance with Rule 611 of Regulation NMS for NMS stocks, or in
compliance with a national market system plan for listed options, is
subject only to the requirements of paragraph (c)(1)(ii) of the Rule.
SEC Rule 15c3-5(c)(1)(ii) provides that the risk management controls
and supervisory procedures required by the Rule must include elements
reasonably designed to prevent the entry of erroneous orders, by
rejecting orders that exceed appropriate price or size parameters, on
an order-by-order basis or over a short period of time, or that
indicate duplicative orders. Accordingly, for exempt orders, the
Routing Broker will reject any order or series of orders that it
determines, in its sole discretion, to be erroneous or duplicative.
Currently, the only orders that the Routing Broker routes on behalf of
the Exchange are exempt orders.
    With respect to non-exempt orders, all of the requirements of SEC
Rule 15c3-5 would apply to orders that the Routing Broker routes on
behalf of the Exchange, and the proposed rule change is intended to
provide the Routing Broker with authority to reject such orders as
necessary to comply with SEC Rule 15c3-5, as may be necessary in the
future. In this regard, the risk management controls and supervisory
procedures of the Routing Broker would include, as applicable, controls
to prevent the entry of orders that exceed appropriate pre-set credit
or capital thresholds in the aggregate for each customer and the
broker-dealer and, where appropriate, more finely-tuned by sector,
security, or otherwise by rejecting orders if such orders would exceed
the applicable credit or capital thresholds.\13\ In addition, the risk
management controls and supervisory procedures of the Routing Broker
would be reasonably designed to ensure compliance with applicable
regulatory requirements.\14\
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    \13\ See 17 CFR 240.15c3-5(c)(1)(i).
    \14\ See 17 CFR 240.15c3-5(c)(2).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\15\ In particular,
the proposed change is consistent with Section 6(b)(5) of the Act,\16\
because it would promote just and equitable principles of trade, and,
in general, protect investors and the public interest. The proposed
rule is consistent with the requirements of the Act because the change
is necessary for the Exchange's Routing Broker to comply with SEC Rule
15c3-5. The Exchange also believes that the proposed changes will
benefit member organizations of the Exchange because it provides
clarity on the procedures employed by the Routing Broker consistent
with SEC Rule 15c3-5.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\19\
However, Rule 19b-4(f)(6)(iii) \20\ 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 so that the proposal may
become operative immediately upon filing. The Exchange notes that
waiving the 30-day operative delay will allow Arca Securities to comply
with Rule 15c3-5 under the Act by July 14, 2011; \21\ the compliance
date for Rule 15c3-5. For this reason, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest, and designates the proposed rule
change to be operative upon filing with the Commission.\22\
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    \19\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \20\ Id.
    \21\ 17 CFR 240.15c3-5.
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2011-34. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at http://www.nyse.com. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2011-34 and should be submitted on
or before August 12, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-18496 Filed 7-21-11; 8:45 am]
BILLING CODE 8011-01-P


U.S. ENVIRONMENTAL PROTECTION AGENCY

REMEDIAL ACTION

	DELETION DOCKET

	FOR

	 A&F MATERIAL RECLAIMING SITE

GREENUP, CUMBERLAND COUNTY, ILLINOIS

JANUARY 17, 2012

NO.	DATE		AUTHOR		RECIPIENT		TITLE/DESCRIPTION		 PAGES

 1	1988-2010	U.S. EPA		Public		Administrative Record       15

									Index for the A&F Material

									Reclaiming Site (DOCUMENTS

									CONTAINED ON THE INDEX

									ARE INCORPORATED BY REF-

									ERENCE INTO THE DELETION

									DOCKET) (SDMS ID: 374684,

									374685)

 2	10/06/11	Karl, R.,		U.S. EPA		Final Close Out Report       8

			U.S. EPA					for the A&F Material

									Reclaiming Site (SDMS

									ID: 416803)

 3	11/30/11	Kim, J.,		Karl, R.,		Letter re: Illinois EPA      1

			Illinois EPA	U.S. EPA		Concurrence for the De-

									listing of the A&F

									Material Reclaiming Site


[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31246-31249]
[FR Doc No: 2019-13884]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0499; Product Identifier 2019-NM-088-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-06-08, which applies to certain Embraer S.A. Model ERJ 170-100 LR,
-100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -
200 SU, and -200 STD airplanes. AD 2017-06-08 requires revising the
existing maintenance or inspection program, as applicable, to
incorporate more restrictive airworthiness limitations. Since the FAA
issued AD 2017-06-08, the agency determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. This proposed AD would also add airplanes to the
applicability. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 15,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Embraer
S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria
Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil;
telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546;
email<EMAIL_ADDRESS>internet http://www.flyembraer.com. You
may view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0499; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be

available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0499;
Product Identifier 2019-NM-088-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. The
FAA will consider all comments received by the closing date and may
amend this proposed AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Discussion

    The FAA issued AD 2017-06-08, Amendment 39-18832 (82 FR 16725,
April 6, 2017) (``AD 2017-06-08''), for certain Embraer S.A. Model ERJ
170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ
170-200 LR, -200 SU, and -200 STD airplanes. AD 2017-06-08 requires
revising the maintenance or inspection program, as applicable, to
incorporate more restrictive airworthiness limitations. AD 2017-06-08
resulted from a determination that more restrictive airworthiness
limitations are necessary. The FAA issued AD 2017-06-08 to address
fatigue cracking of various principal structural elements (PSEs); such
cracking could result in reduced structural integrity of the airplane.
In addition, the FAA issued AD 2017-06-08 to prevent safety significant
latent failures; such failures, in combination with one or more other
specified failures or events, could result in a hazardous or
catastrophic failure condition of avionics, hydraulic systems, fire
detection systems, fuel systems, or other critical systems.
Furthermore, the FAA issued AD 2017-06-08 to address potential ignition
sources inside fuel tanks caused by latent failures, alterations,
repairs, or maintenance actions; such failures, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Actions Since AD 2017-06-08 Was Issued

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2019-05-01, effective May 2, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Embraer S.A. Model ERJ 170
airplanes. The MCAI states:

    This [Brazilian] AD was prompted by a new revision to the
airworthiness limitations of the Maintenance Review Board Report.
This [Brazilian] AD is being issued to ensure that fatigue cracking
of principal structural elements is detected and corrected. Such
fatigue cracking could adversely affect the structural integrity of
these airplanes.

The required action is revising the existing maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations in
Appendix A--Airworthiness Limitations to the EMBRAER 170/175
Maintenance Review Board Report, MRB-1621, Revision 14, dated September
27, 2018; and Temporary Revision (TR) 14-1, dated November 13, 2018, to
Part 4--Life-Limited Items, of Appendix A--Airworthiness Limitations;
to the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621,
Revision 14, dated September 27, 2018.
    Appendix A--Airworthiness Limitations, to the EMBRAER 170/175
Maintenance Review Board Report, MRB-1621, Revision 14, dated September
27, 2018, is divided into four parts: Part 1--Certification Maintenance
Requirements (CMR), Part 2--Airworthiness Limitation Inspections
(ALI)--Structures, Part 3--Fuel System Limitation Items (FSL), and Part
4--Life Limited Items (LLI).
    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0499.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Part 1--Certification Maintenance Requirements;
Part 2--Airworthiness Limitation Inspections (ALI)--Structures; Part
3--Fuel System Limitation Items; and Part 4--Life Limited Items; of
Appendix A--Airworthiness Limitations; to the EMBRAER 170/175
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated
September 27, 2018. This service information describes airworthiness
limitations.
    Embraer has also issued Temporary Revision (TR) 14-1, dated
November 13, 2018, to Part 4--Life-Limited Items, of Appendix A--
Airworthiness Limitations; to the EMBRAER 170/175 MRBR, MRB-1621,
Revision 14, dated September 27, 2018. This service information
describes, in Table 1 of the life-limited items, a new part number
associated with main landing gear (MLG) life-limited components.
    This proposed AD would also require Part 1--CMR; Part 2--ALI--
Structures; Part 3--FSL; and Part 4--LLI; of Appendix A--Airworthiness
Limitations; of the EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated
February 23, 2015, which the Director of the Federal Register approved
for incorporation by reference on May 11, 2017 (82 FR 16725, April 6,
2017).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 2017-
06-08. This proposed AD would require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This proposed AD would also add
Model ERJ 170-200 LL airplanes to the applicability.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered,

or repaired in the areas addressed by this proposed AD, the operator
may not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according to
paragraph (k)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 540 airplanes of
U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:
    The actions that are required by AD 2017-06-08 and retained in this
NPRM take about 1 work-hour per product, at an average labor rate of
$85 per work hour. Required parts cost about $0 per product. Based on
these figures, the estimated cost of the actions that were required by
AD 2017-06-08 is $85 per product.
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the FAA has estimated that this action takes 1 work-hour
per airplane. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the FAA estimates the total cost per operator to
be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-06-08, Amendment 39-18832 (82 FR 16725, April 6, 2017), and adding
the following new AD:

Embraer S.A: Docket No. FAA-2019-0499; Product Identifier 2019-NM-
088-AD.

(a) Comments Due Date

    The FAA must receive comments by August 15, 2019.

(b) Affected ADs

    This AD replaces AD 2017-06-08, Amendment 39 18832 (82 FR 16725,
April 6, 2017) (``AD 2017-06-08'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD,
-100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, -
200 STD, and -200 LL airplanes; certificated in any category;
manufacturer serial numbers 17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000761 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons;
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking of various principal
structural elements (PSEs); such cracking could result in reduced
structural integrity of the airplane. The FAA is also issuing this
AD to prevent safety significant latent failures; such failures, in
combination with one or more other specified failures or events,
could result in a hazardous or catastrophic failure condition of
avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. The FAA is also issuing this AD to
address potential ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions; such
failures, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Revision of Maintenance or Inspection Program, With No
Changes

    This paragraph restates the requirements of paragraph (i) of AD
2017-06-08, with no changes. For Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU,
and -200 STD airplanes; manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and 17000015 through 17000453
inclusive: Within 12 months after May 11, 2017 (the effective date
of AD 2017-06-08), revise the maintenance or inspection program, as
applicable, to incorporate the airworthiness limitations specified
in Part 1--Certification Maintenance Requirements (CMR); Part 2--
Airworthiness Limitation Inspections (ALI)--Structures; Part 3--Fuel
System Limitation Items (FSL); and Part 4--Life Limited Items (LLI);
of Appendix A--Airworthiness Limitations; of the EMBRAER 170/175
MRBR, MRB-1621, Revision 10, dated February 23, 2015. The initial
compliance times and repetitive intervals are specified in the
applicable part of the EMBRAER 170/175 MRBR, MRB-1621, Revision 10,
dated February 23, 2015.

(h) Retained No Alternative Actions Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With New Exception

    This paragraph restates the action required by paragraph (j) of
AD 2017-06-08, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revisions required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, and CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.

(i) New Requirement of This AD: Maintenance or Inspection Program
Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Part 1--Certification
Maintenance Requirements; Part 2--Airworthiness Limitation
Inspections (ALI)--Structures; Part 3--Fuel System Limitation Items;
and Part 4--Life Limited Items; of Appendix A--Airworthiness
Limitations; to the EMBRAER 170/175 Maintenance Review Board Report,
MRB-1621, Revision 14, dated September 27, 2018 (``EMBRAER MRB-1621,
Revision 14''); and EMBRAER Temporary Revision (TR) 14-1, dated
November 13, 2018, to EMBRAER MRB-1621, Revision 14. The initial
compliance time for doing the tasks are at the later of the times
specified in paragraphs (i)(1) and (i)(2) of this AD. Accomplishing
the revision required by this paragraph terminates the requirements
of paragraph (g) of this AD.
    (1) Within the applicable times specified in EMBRAER MRB-1621,
Revision 14. For the purposes of this AD, the initial compliance
times identified as ''Threshold'' or ''T'' in EMBRAER MRB-1621,
Revision 14 are expressed in ''total flight cycles.''
    (2) Within 90 days or 600 flight cycles after the effective date
of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.

(k) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC
Designee, the approval must include the Designee's authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2019-05-01, effective May 2, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0499.
    (2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>internet http://www.flyembraer.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13884 Filed 6-28-19; 8:45 am]
 BILLING CODE 4910-13-P


Document has been coded "B" May be requested under the Freedom of Information Act Http:// www.epa/pesticide/foia but access is restricted to entities not engaged in the production sale or distribution of pesticides outside the United States


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24457-24458]
[FR Doc No: 2023-08308]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97311; File No. SR-ICEEU-2023-008]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments of ICE Futures Europe (``IFEU'') Oil Futures Contracts

April 14, 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 April 6, 2023, ICE Clear Europe Limited (``ICE Clear Europe'' or the
``Clearing House'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes described in Items I, II and
III below, which Items have been prepared by ICE Clear Europe. ICE
Clear Europe filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ such
that the proposed rule change was immediately effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe proposes to amend certain clearing fees for ICE
Futures Europe (``IFEU'') oil futures contracts.\5\
---------------------------------------------------------------------------

    \5\ Capitalized terms used but not defined herein have the
meanings specified in the IFEU Oil Futures Contracts or, if not
defined therein, the ICE Clear Europe Clearing Rules.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to increase certain clearing fees for
specified ICE Futures Europe (``IFEU'') oil futures contracts,
specifically the IFEU Brent Crude Oil, Low Sulphur Gasoil, West Texas
Intermediate (WTI) Crude Oil, Midland WTI American Gulf Coast, Heating
Oil and RBOB Gasoline futures contracts (collectively, the ``IFEU Oil
Futures''). The proposed fee changes are set forth in the following
table:

------------------------------------------------------------------------
                                             Existing      Proposed new
       Contract--IFEU Oil Futures          clearing fee    clearing fee
                                          (US$/contract)  (US$/contract)
------------------------------------------------------------------------
Futures Contract........................            0.57            0.60
EFP/EFS/Block...........................            1.20            1.26
------------------------------------------------------------------------

    The proposed fee changes are intended to become operative on May 1,
2023, subject to regulatory approval.
    The current clearing fees for IFEU Oil Futures have not changed
since Intercontinental Exchange, Inc. acquired the International
Petroleum Exchange (``IPE'') in 2001. The increases are intended to
provide additional revenue, which ICE Clear Europe expects to use,
among other purposes, to support the significant ongoing investments by
ICE Clear Europe in clearing activities. Such investments include
increased risk staffing requirements relating to increased market
complexity, expansion of technology to improve platform capacity and
reduce systems risk, expansion of reporting capabilities in light of
regulatory requirements, ongoing development of compliance staff in
light of increasing market complexity and size, and ongoing enhancement
of IT and other operational resources to support clearing operations.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments for the IFEU
Oil Futures are consistent with the requirements of Section 17A of the
Act \6\ and the regulations thereunder applicable to it. In particular,
Section 17A(b)(3)(D) of the Act \7\ requires that ``[t]he rules of the
clearing agency provide for the equitable allocation of reasonable
dues, fees, and other charges among its participants.'' ICE Clear
Europe believes that its clearing fees, as proposed to be amended,
would be reasonable and appropriate for the IFEU Oil Futures. ICE Clear
Europe's fees are imposed at the product level on a per transaction
basis (as are the applicable exchange fees), and would be generally
applicable to market participants trading in the contracts. As set
forth above, ICE Clear Europe has determined that the increased
clearing fees are appropriate to support continued investments in
enhancements to clearing operations, which support the clearing of the
IFEU Oil Futures as well as other contracts. ICE Clear Europe has
further determined that the increased fees would be commensurate with
the size of the contracts and would provide an appropriate balance
between the costs of clearing for market participants and the expenses
incurred by ICE Clear Europe in offering trading and clearing of the
relevant contracts, taking into account the investments ICE Clear
Europe has made and will continue to make in clearing such products. As
such, in ICE Clear Europe's view, the amendments are consistent with
the equitable allocation of reasonable dues, fees, and other charges
among its Clearing Members and other market participants, within the
meaning of Section 17A(b)(3)(D) of the Act.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(D).
    \8\ 15 U.S.C. 78q-1(b)(3)(D).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The proposed amendments are also consistent with the requirements
of Section 17A(b)(3)(F) of the Act \9\ which requires, among other
things, that the ``rules of a clearing agency [. . .] are not designed
to permit unfair discrimination in the admission of participants or
among participants in the use of the clearing agency.'' As noted above,
the proposed fee changes for the IFEU Oil Futures would apply on a per
transaction basis and would apply to Clearing Members and market
participants generally. As a result, the amendments would not result in
any unfair discrimination among Clearing Members in their use of the
Clearing

House, within the meaning of Section 17A(b)(3)(F) of the Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. Although ICE
Clear Europe is increasing certain clearing fees, as set forth herein,
it believes such changes are appropriate to reflect the costs and
expenses incurred by the Clearing House and to support continued
investment in its infrastructure to support clearing activities.
Further, as discussed above, because fees are imposed on a per
transaction basis at the product level, the revised fees would be
applied equally to all Clearing Members and other market participants
who transact in the IFEU Oil Futures. ICE Clear Europe does not believe
that the amendments would adversely affect the ability of such Clearing
Members or other market participants generally to access clearing
services for the Contracts. Further, since the revised fees will apply
to market participants generally, ICE Clear Europe believes that the
amendments would not otherwise affect competition among Clearing
Members, adversely affect the market for clearing services or limit
market participants' choices for obtaining clearing services.
Accordingly, ICE Clear Europe does not believe that the amendments
would impose any impact or burden on competition that is not
appropriate in furtherance of the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendment has not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.

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) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2023-008 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-ICEEU-2023-008. 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, security-
based swap submission or advance notice that are filed with the
Commission, and all written communications relating to the proposed
rule change, security-based swap submission or advance notice 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 such filings will also be available for inspection and
copying at the principal office of ICE Clear Europe and on ICE Clear
Europe's website at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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-ICEEU-2023-008 and should be
submitted on or before May 11, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-08308 Filed 4-19-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15551-15552]
[DOCID:fr06ap09-137]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59654; File No. SR-BX-2009-008]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Order
Approving Proposed Rule Change Allowing Entry of Orders Into the PIP at
a Price Matching the National Best Bid or Offer

March 30, 2009.

I. Introduction

    On February 9, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to allow
Exchange Options Participants to enter orders into the Price
Improvement Period (``PIP'') at a price that matches

the national best bid or offer (``NBBO''). The proposed rule change was
published for comment in the Federal Register on February 23, 2009.\3\
The Commission received no comments on the proposal. This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59407 (February 13,
2009), 74 FR 8132.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange's PIP currently allows Options Participants to enter
two-sided orders for execution at a price that improves upon the
NBBO.\4\ The customer side of the order (``PIP Order'') is submitted to
the PIP with a matching guaranteed contra order (the ``Primary
Improvement Order''), equal to the full size of the PIP Order. Under
the current rules of the Boston Options Exchange Group, LLC (``BOX''),
the Primary Improvement Order must represent a higher bid (lower offer)
than that of the NBBO at the time of the commencement of the PIP. The
PIP Order is then exposed to all Options Participants to give them an
opportunity to participate in the trade at the proposed cross price or
better.
---------------------------------------------------------------------------

    \4\ See BOX Rules Chapter V, Section 18(e).
---------------------------------------------------------------------------

    The Exchange proposes to modify its rules to permit an Options
Participant to enter a Primary Improvement Order into the PIP at a
price that is equal to the NBBO at the time of the commencement of the
PIP. In addition, the Exchange proposes that, at the commencement of
the PIP, all quotes and orders on the BOX Book prior to the PIP
Broadcast that are equal to or better than \5\ the Primary Improvement
Order price (i.e., the PIP start price), except any proprietary quote
or order from the Options Participant who submitted the Primary
Improvement Order,\6\ will be immediately executed against the PIP
Order in price/time priority.\7\ At the conclusion of the PIP, the PIP
Order will be matched against the best prevailing quote(s) or order(s)
on BOX in accordance with the current PIP rule, except the Exchange
proposes that any pre-PIP Broadcast proprietary quote or order from the
Options Participant who submitted the Primary Improvement Order will
not be executed against the PIP Order.\8\
---------------------------------------------------------------------------

    \5\ BOX has clarified that there are two types of quotes/orders
that could have a price better than the PIP start price: (1) An Auto
Auction Order (``AAO''); and (2) an order that is in the process of
being filtered by the BOX Trading Host pursuant to BOX Rules Chapter
V, Section 16. Electronic mail from Wayne Pestone, Chief Legal
Officer, Boston Options Exchange, dated March 30, 2009.
    \6\ These proprietary quotes or orders will continue to be
available for execution with all other types of quotes and orders as
currently permissible under BOX Rules.
    \7\ See proposed BOX Rules Chapter V, Section 18(e)(i). Orders
on the BOX Book will include AAO Limit Orders on the BOX Book. The
AAO will immediately execute against the PIP Order at the AAO Limit
Order Price (i.e. the displayed price at the minimum trading
increment).
    \8\ See proposed BOX Rules Chapter V, Section 18(e)(iii).
---------------------------------------------------------------------------

III. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange
and, in particular, with Section 6(b)(5) of the Act,\9\ which requires,
among other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to, and perfect the mechanism of, a free and open market and a national
market system and, in general, to protect investors and the public
interest.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change will continue
to provide customers with an opportunity for price improvement over the
NBBO.\11\ The Commission notes that once a Primary Improvement Order is
submitted into the PIP auction, the Primary Improvement Order may not
be cancelled.\12\ Therefore, the PIP Order submitted to the PIP auction
will be guaranteed an execution price of at least the NBBO and,
moreover, will be given an opportunity for execution at a price better
than the NBBO. Further, BOX's current rules provide for broad
participation in a PIP auction,\13\ which should provide the
opportunity for a meaningful, competitive auction. Moreover, the
Commission believes that the proposal may encourage increased
participation in the PIP by BOX members willing to trade with the PIP
Order at the NBBO but not better than the NBBO. Increased participation
would decrease the proportion of a PIP Order that would be internalized
by the submitting Options Participant.
---------------------------------------------------------------------------

    \11\ The Commission notes that it also recently approved an ISE
proposed rule change that permits ISE members to enter an order into
the PIM at a price that is equal to the NBBO when the ISE's best bid
or offer is inferior to the NBBO. See Securities Exchange Act
Release No. 57847 (May 21, 2008), 73 FR 30987 (May 29, 2008) (SR-
ISE-2008-29).
    \12\ See BOX Rules Chapter V, Section 18(e)(ii).
    \13\ See BOX Rules, Chapter V, Section 18(e)(i). Specifically,
BOX's PIP permits market-makers to submit competing orders for their
own account and all non-market-maker members (referred to as ``Order
Flow Providers'') to submit competing orders for their own account
or for the account of public customers or non-market-maker broker-
dealers.
---------------------------------------------------------------------------

    The Commission also notes that the proposal will maintain the
priority of pre-existing orders on the BOX Book by providing that all
quotes and orders on the BOX Book prior to the PIP Broadcast that are
equal to or better than the Primary Improvement Order price will be
immediately executed against the PIP Order in price/time priority
(except any proprietary quote or order from the Options Participant
that submitted the Primary Improvement Order). Further, the Commission
notes that by precluding these proprietary orders and quotes from
immediately executing against the PIP Order, the proposal is consistent
with BOX rules that provide that an Options Participant may not execute
as principal an order it represents as agent unless the agency order is
given an opportunity to first interact with other trading interest.\14\
---------------------------------------------------------------------------

    \14\ See BOX Rules, Chapter V, Section 17.
---------------------------------------------------------------------------

    Accordingly, the Commission finds that the proposed rule change is
consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-BX-2009-008) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).

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

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-7588 Filed 4-3-09; 8:45 am]


[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Rules and Regulations]
[Pages 35735-35737]
[FR Doc No: 2023-11623]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31488; Amdt. No. 4062]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective June 1, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 1, 2023.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217,
Oklahoma City, OK 73099. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for Part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on May 12, 2023.
Thomas J. Nichols,
Manager, Aviation Safety, Flight Standards Service, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
   AIRAC date        State             City                Airport        FDC No.    FDC date       Subject
----------------------------------------------------------------------------------------------------------------
15-Jun-23.......  OH          Hamilton..............  Butler County         3/6340    3/13/23  This NOTAM,
                                                       Rgnl/Hogan Fld.                          published in
                                                                                Docket No.
                                                                                31486, Amdt No.
                                                                                4060, TL 23-13,
                                                                                (88 FR 32961,
                                                                                May 23, 2023) is
                                                                                hereby rescinded
                                                                                in its entirety.
15-Jun-23.......  AK          Valdez................  Valdez Pioneer        3/6450    4/25/23  LDA-H, Amdt 2D.
                                                       Fld.
15-Jun-23.......  NY          Cortland..............  Cortland County/      3/6586    4/25/23  VOR-A, Orig.
                                                       Chase Fld.
15-Jun-23.......  GA          Nashville.............  Berrien County...     3/7231    4/26/23  RNAV (GPS) RWY
                                                                                10, Orig-A.
15-Jun-23.......  AR          Little Rock...........  Bill And Hillary      3/7345    4/27/23  ILS OR LOC RWY
                                                       Clinton Ntl/                             4R, Amdt 2F.
                                                       Adams Fld.

15-Jun-23.......  AR          Little Rock...........  Bill And Hillary      3/7347    4/27/23  ILS OR LOC RWY
                                                       Clinton Ntl/                             22R, ILS RWY 22R
                                                       Adams Fld.                               (SA CAT I), ILS
                                                                                RWY 22R (CAT
                                                                                II), ILS RWY 22R
                                                                                (CAT III), Amdt
                                                                                3A.
15-Jun-23.......  OH          Painesville...........  Concord Airpark..     3/9003     5/1/23  VOR OR GPS-A,
                                                                                Orig-C.
15-Jun-23.......  NV          Reno..................  Reno/Tahoe Intl..     3/9561     5/2/23  ILS Z OR LOC Z
                                                                                RWY 17R, Amdt 1.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-11623 Filed 5-31-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20924-20925]
[FR Doc No: 2013-08012]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0248]

Center for Biologics Evaluation and Research eSubmitter Pilot
Evaluation Program for Investigational New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA's) Center for
Biologics Evaluation and Research (CBER) is announcing an invitation to
sponsors of investigational new drug (IND) applications to participate
in a pilot evaluation program for CBER's eSubmitter Program
(eSubmitter). CBER's eSubmitter is a computer-assisted automated
program that has been customized to facilitate the creation of IND
applications in electronic format, including a template specifically
for IND applications related to antivenom drugs/antivenins.
Participation in the pilot program is open to sponsors that submit IND
applications to the Office of Blood Research and Review, the Office of
Cellular, Tissue and Gene Therapy, or the Office of Vaccines Research
and Review in CBER. CBER will only accept participation from up to nine
sponsors. The pilot program is intended to provide industry and CBER
regulatory review staff with an opportunity to evaluate the eSubmitter
system and determine if it facilitates the IND submission process. The
purpose of this notice is to invite sponsors of IND applications to
contact CBER for more information if they are interested in
participating in this pilot program.

DATES: Submit an electronic request for participation in this program
by July 8, 2013.

ADDRESSES: If you are interested in participating in this program, you
should submit an electronic request to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Lore Fields, Office of Blood Research
and Review, Center for Biologics Evaluation and Research (HFM-375),
Food and Drug Administration, 1401 Rockville Pike, suite 200N,
Rockville, MD 20852-1448,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    CBER regulates certain biological products and is committed to
advancing the public health through innovative activities that help
ensure the safety, effectiveness, and timely delivery of these products
to patients. Further, CBER seeks to continuously enhance and update the
efficiency and quality of its regulatory review process and to
facilitate its interaction with stakeholders by providing CBER staff
and industry with improved processes. In support of this goal, CBER has
participated in FDA's development of eSubmitter to improve the process
for providing certain regulatory submissions to FDA.

II. eSubmitter Pilot Evaluation Program Expectations

    The eSubmitter pilot evaluation program is expected to last
approximately 6 months. During this period of time, participants will
complete their IND application submissions using the eSubmitter
template developed by FDA that has been specifically designed for use
by IND sponsors. eSubmitter was developed using the same criteria for
applications that are currently used in the IND application review
process at CBER. To create the IND application, the participant will
enter the requested information into the eSubmitter tool and attach
requested documents as an Adobe document (pdf format). This information
will be saved onto a CD-ROM by the sponsor and mailed to CBER for
review. Paper copies of submissions will not be required. CBER will
review the information provided on

the CD-ROM and the attachments according to current managed review
procedures. Only new IND applications and their amendments will be
eligible for participation in the pilot program.
    During the IND application process, CBER staff will be available to
answer any questions or concerns that may arise. As each application is
completed, the users will be asked to comment on the eSubmitter
program. These comments and discussions will assist CBER in the final
development and release of this electronic program for use by industry.

III. Requests for Participation

    Requests to participate in the eSubmitter Pilot Evaluation Program
should be sent electronically to<EMAIL_ADDRESS>
You should include the following information in your request: Contact
name, contact phone number, email address, name of the facility,
address, and registration number (if applicable). Once requests for
participation are received, FDA will contact interested sponsors to
discuss the pilot program.

    Dated: April 2, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-08012 Filed 4-5-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: July 27, 2006 (Volume 71, Number 144)]
[Notices]
[Page 42687-42689]
[DOCID:fr27jy06-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54181; File No. SR-Amex-2006-61]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to the Handling of Immediate or
Cancel Orders in Options

July 20, 2006.
    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 June 26, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by the
Exchange. On July 18, 2006, the Exchange filed Amendment No. 1 to the
proposed rule change.\3\ The Exchange has designated this proposal as
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule of
the Exchange pursuant to Section 19(b)(3)(A)(i) of the Act \4\ and Rule
19b-4(f)(1) thereunder,\5\ which renders the proposal effective upon
filing with the Commission.\6\ The Commission is publishing this notice
to solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange proposes to revise the
proposed rule text to make it more clear.
    \4\ 15 U.S.C. 78s(b)(3)(A)(i).
    \5\ 17 CFR 240.19b-4(f)(1).
    \6\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change the
Commission considers the period to commence on July 18, 2006, the
date on which the Exchange filed Amendment No. 1. See 15 U.S.C.
78s(b)(3)(C).
---------------------------------------------------------------------------

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

    The Exchange proposes to clarify the appropriate handling of
immediate or cancel (``IOC'') orders in options.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.amex.com, at the Office of the Secretary of the

Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to provide an interpretation in connection
with the appropriate handling of IOC orders in options for the benefit
of its members and the marketplace.
    An IOC order in options, as set forth in Amex Rule 950--ANTE(e)(v),
is defined as a market or limited price order which is to be executed
in whole or in part as soon as such order is represented in the ANTE
System. Any portion of an IOC order that is not so executed is treated
as cancelled.
    Consistent with Amex Rule 958A-ANTE (``Firm Quote Rule''), IOC
orders must be executed as soon as they are represented in ANTE. Amex
Rule 958A--ANTE(c) provides that the responsible broker or dealer \7\
must execute customer orders in an amount up to their published
quotation size. In connection with broker dealer orders, the
responsible broker or dealer is obligated to execute broker-dealer
orders up to the quotation size established by the Exchange, which
quotation size must be at least one (1) contract.
---------------------------------------------------------------------------

    \7\ Amex Rule 958A--ANTE(a)(ii) includes specialists and
registered options traders in the definition of a responsible broker
or dealer. Remote registered options traders and supplemental
registered options traders are also included in the definition of
responsible broker or dealer, subject to certain conditions.
---------------------------------------------------------------------------

    The appropriate handling of IOC orders in a linked environment has
become increasingly complex. Section 8(c) of the intermarket options
linkage plan \8\ (``Linkage Plan'' or ``Linkage'')

and Amex Rule 942(a)(1) both provide that, absent reasonable
justification and during normal market conditions, members should not
effect trade-throughs. A recent change to the Linkage Plan and Amex
Rule 940 provides a limited exception to trade-through liability under
``trade and ship.'' \9\ Under ``trade and ship,'' an Amex member may
trade an order at a price that is one-tick inferior to the national
best bid or offer (``NBBO'') if the member contemporaneously transmits
to the market(s) disseminating the NBBO, Linkage Order(s) \10\ to
satisfy all interest at the NBBO price. Any execution the member
receives from the NBBO market must then (pursuant to agency
obligations) be reassigned to any customer order underlying the Linkage
Order that was transmitted to trade against the market disseminating
the NBBO. As a result, if an executable order is received when the Amex
is not the NBBO, the specialist is required to either ``step-up'' and
execute at the NBBO, use the ``trade or ship'' option or route the
order away, via the Linkage, to the options exchange(s) disseminating
the NBBO. The ``trade or ship'' option may be of limited use because
the member may be unwilling to trade at a price one-tick inferior to
the NBBO and ``take out'' the NBBO market. In addition, because of the
IOC condition, the Exchange believes routing the order to another
options exchange quoting at the NBBO would not be consistent with the
obligation to provide an immediate execution, while executing the order
at the Amex best bid or offer would result in a trade-through.\11\
---------------------------------------------------------------------------

    \8\ See Plan for the Purpose of Creating and Operating an
Intermarket Options Linkage, Securities Exchange Act Release Nos.
43086 (July 28, 2000), 65 FR 48023 (August 4, 2000) (Amex, CBOE and
ISE); 43573 (November 14, 2000), 65 FR 70851 (November 28, 2000)
(Phlx); 43574 (November 16, 2000), 65 FR 70850 (November 28, 2000)
(PCX n/k/a NYSEArca) and 49198 (February 5, 2004) 69 FR 7029
(February 12, 2004) (BSE).
    \9\ See Securities Exchange Act Release No. 52414 (September 13,
2005), 70 FR 55186 (September 20, 2005).
    \10\ A ``Linkage Order'' is defined in Amex Rule 940(b)(10) to
mean an immediate or cancel order routed through the Linkage as
permitted under the Linkage Plan.
    \11\ A trade through is defined in Amex Rule 940(b)(19) as a
transaction in an options series at a price that is inferior to the
NBBO, but shall not include a transaction that occurs at a price one
minimum quoting increment inferior to the NBBO provided a Linkage
Order is contemporaneously sent to each Participant Exchange
disseminating the NBBO for the full size of the Participant
Exchange's bid (offer) that represents the NBBO.
---------------------------------------------------------------------------

    Both the Linkage Plan and related Amex Rule 942 provide that,
absent reasonable justification and during normal market conditions,
Exchange members should not effect trade-throughs. Therefore, a pattern
or practice of trading through bids and offers will subject a member to
disciplinary action pursuant to Amex Rule 942(d).
    Currently, when an IOC order is routed to the specialist, ANTE will
cancel the order if it is not marketable.\12\ However, if the order is
marketable on the Amex but would result in a trade-through because the
Amex is not at the NBBO when the order is represented, such order will
be routed to the ANTE display book for manual handling by the
specialist. At this point, if the specialist is not willing to ``step
up'' and match the NBBO or employ ``trade and ship,'' the specialist is
faced with the choice of either trading-through the away market or not
executing the order, in violation of the Commission's Quote Rule.
Consistent with the ``immediate'' condition of an IOC order, the
Exchange believes that the specialist should have the ability to cancel
such orders if the responsible broker or dealer is not willing to match
the NBBO or ``trade and ship.'' The Exchange believes that this
interpretation is consistent with the definition and expected operation
of IOC order types. Accordingly, the proposed interpretation of the
definition of an options IOC order would clarify that such a
cancellation is permissible. Because of the dual obligations to honor
disseminated quotes and to avoid a pattern or practice of effecting
trade-throughs of superior bids and offers, the Exchange believes this
interpretation is warranted.
---------------------------------------------------------------------------

    \12\ The ANTE system immediately executes marketable IOC orders
that are routed to the specialist book. If an IOC order is not
marketable, ANTE will cancel the order.
---------------------------------------------------------------------------

    The amendment to paragraph (v) of Amex Rule 950--ANTE(e) would
provide legal and regulatory certainty for IOC orders to be cancelled
when they are represented in the ANTE system, if the Amex were not
quoting at the NBBO.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\13\ in general and furthers the objectives of Section 6(b)(5) \14\ in
particular, 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 mechanism of a free and open market and
a national market system, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is 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 solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change relates to a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule of the Exchange, the
proposed rule change has become effective pursuant to Section
19(b)(3)(A)(i) of the Act \15\ and Rule 19b-4(f)(1) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(i).
    \16\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\17\
---------------------------------------------------------------------------

    \17\ See supra at note 6.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-61 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2006-61. This file
number should be included on the subject line if e-mail is used. To
help the

Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Amex-2006-61 and should be submitted on or before August 17, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-11986 Filed 7-26-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 23, 2006 (Volume 71, Number 99)]
[Proposed Rules]
[Page 29605]
[DOCID:fr23my06-15]

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

40 CFR Part 52

[EPA-R05-OAR-2006-0002; FRL-8166-8]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve revisions to the Indiana
particulate matter (PM10) State Implementation Plan (SIP).
On December 15, 2005, Indiana requested revisions for sources at the
ASF Keystone, Inc. (Keystone) coil spring manufacturing facility in
Lake County, Indiana. The requested revisions will increase the
PM10 emission limit for one unit and reduce the limits for
two units. The changes result in a net decrease in the allowable
emissions. The emission limits for a fourth unit that has shut down are
also being removed. Indiana also requested removing the process weight
rate limits and using pounds of PM10 per hour (lb/hr) as the
short-term emission limit. The maximum permissible PM10
emissions will not increase after removing the process weight rate
limits because of the net decrease in short-term emission limits.

DATES: Written comments must be received on or before June 22, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0002, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

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

    Dated: April 20, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 06-4764 Filed 5-22-06; 8:45 am]

BILLING CODE 6560-50-P