[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10747-10750]
[FR Doc No: 2021-03574]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0843; Product Identifier 2020-NM-073-AD; Amendment
39-21420; AD 2021-03-17]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-700-1A10 airplanes. This AD was
prompted by a report of smoke and signs of an overheating condition
from the emergency light battery (ELB) due to excessive corrosion
surrounding the internal lead acid batteries, which caused an
electrical short circuit that led to the smoke and overheating
condition. This AD requires an inspection to determine the last
replacement date of the ELB, and replacement if necessary. This AD also
requires the incorporation of a new maintenance task into the existing
maintenance or inspection program. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 30,
2021.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>internet https://www.bombardier.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0843.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0843; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2020-07, dated March
17, 2020 (also referred to as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for certain
Bombardier, Inc., Model BD-700-1A10 airplanes. You may examine the MCAI
in the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0843.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-700-1A10 airplanes. The NPRM published in the Federal
Register on September 17, 2020 (85 FR 58010). The NPRM was prompted by
a report of smoke and signs of an overheating condition from the ELB
due to excessive corrosion surrounding the internal lead acid
batteries, which caused an electrical short circuit that led to the
smoke and overheating condition. The NPRM proposed to require an
inspection to determine the last replacement date of the ELB, and
replacement if necessary. The NPRM also proposed to require the
incorporation of a new maintenance task into the existing maintenance
or inspection program. The FAA is issuing this AD to address smoke and
an overheating condition of the ELB due to corrosion, which could cause
fire onboard the airplane. See the MCAI for additional background
information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to that comment.

Request To Update Bombardier Email Address

    Bombardier requested that the FAA revise the NPRM to update the
email address for obtaining the specified service information from
<EMAIL_ADDRESS>to ``bfdedc91c6cad3ffdedacdd091ddd0d2dddecddbd6dacd91dcd0d2.''
    The FAA agrees with the request and has revised this final rule
accordingly.

Clarifications of Compliance Times

    The FAA has revised paragraph (g) of this AD to clarify when
replacement is required. This clarification explains that replacement
is required if, during the inspection required by paragraph (g) of this
AD, any last replacement date or manufacturing date is found to be 4
years or older.
    The FAA has also revised paragraph (h)(2) of this AD to clarify
that the compliance time of within 48 months is related to the
applicable date specified in paragraph (h)(2)(i) or (ii) of this AD.
The proposed AD inadvertently stated that the compliance time was
``[w]ithin 48 months after the applicable compliance time specified in
paragraph (h)(2)(i) or (ii) of this AD,'' but paragraphs (h)(2)(i) and
(ii) of this AD specify dates, not compliance times.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that this change will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-33-024, dated May 13,
2019. This service information describes procedures for an inspection
to determine the last battery replacement date of the ELB, and
replacement if necessary.
    Bombardier also issued the following service information.
     Global Express BD-700 Supplemental Time Limits/Maintenance
Checks (STLMC) Temporary Revision (TR) 05-19091701, dated September 17,
2019.
     Global Express BD-700 STLMC TR 05-19091704, dated
September 17, 2019.
     Global Express XRS BD-700 STLMC TR 05-19091705, dated
September 17, 2019.
    These documents describe an amendment to the aircraft maintenance
schedule to include STLMC Chapter 5 task number 33-51-54-603,
``Restoration of the Emergency Lighting Batteries (XL245-B Emergency
Battery System),'' and are distinct since they apply to different
airplane serial numbers.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 69 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................         $11,308          $11,563         $797,847
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-03-17 Bombardier, Inc.: Amendment 39-21420; Docket No. FAA-
2020-0843; Product Identifier 2020-NM-073-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10
airplanes, certificated in any category, serial numbers 9002, 9003,
9011, 9016, 9020, 9022 through 9025 inclusive, 9029, 9031, 9032,
9036, 9039 through 9044 inclusive, 9046 through 9058 inclusive, 9060
through 9065 inclusive, 9067 through 9081 inclusive, 9083 through
9106 inclusive, 9108 through 9122 inclusive, 9124 through 9126
inclusive, 9128, 9129, 9133, 9134, 9136 through 9139 inclusive, 9141
through 9148 inclusive, 9150, 9151, 9153, 9159, 9162, 9163, 9165,
and 9169.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Reason

    This AD was prompted by a report of smoke and signs of an
overheating condition from the emergency light battery (ELB) due to
excessive corrosion surrounding the internal lead acid batteries,
which caused an electrical short circuit that led to the smoke and
overheating condition. The FAA is issuing this AD to address such
conditions, which could cause fire onboard the airplane.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 15 months after the effective date of this AD, inspect
the ELB to determine the last replacement date or the manufacturing
date, as applicable; if during this inspection, any date is found to
be 4 years or older, replace the ELB before further flight. Do the
actions in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 700-33-024, dated May 13, 2019. For
airplanes on which the restoration task specified in paragraph (h)
of this AD was done before the effective date of this AD, the
requirements of paragraph (g) of this AD are not required.

(h) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
include the information specified in Bombardier BD-700 Supplemental
Time Limits/Maintenance Checks (STLMC) Chapter 5 task number 33-51-
54-603, ``Restoration of the Emergency Lighting Batteries (XL245-B
Emergency Battery System),'' in the Bombardier BD-700 STLMC, as
specified in the applicable temporary revision identified in figure
1 to paragraph (h) of this AD. The initial compliance time for doing
task 33-51-54-603 is at the applicable time specified in paragraph
(h)(1) or (2) of this AD. Repeat task 33-51-54-603 thereafter at the
interval specified within that task.
    (1) If both ELBs were replaced at the time of compliance with
paragraph (g) of this AD: Within 48 months after the ELB
replacement.
    (2) If neither ELB, or only one ELB, was replaced at the time of
compliance with paragraph (g) of this AD: Within 48 months after the
applicable date specified in paragraph (h)(2)(i) or (ii) of this AD.
    (i) For each ELB, use the battery replacement date, if it is
indicated.
    (ii) For each ELB, use the date of manufacture, if it does not
have a battery replacement date indicated.
[GRAPHIC] [TIFF OMITTED] TR23FE21.015

(i) Misidentified Restoration Task

    The following temporary revisions misidentified the required
restoration task as task ``33-51-54-602.''
    (1) Bombardier Global Express XRS BD-700 STLMC Temporary
Revision 05-19032701, dated March 27, 2019.
    (2) Bombardier Global Express BD-700 STLMC Temporary Revision
05-19040301, dated April 3, 2019.
    (3) Bombardier Global Express BD-700 STLMC Temporary Revision
05-19040401, dated April 4, 2019.

(j) Compliance With Restoration Task for Airplanes On Which the
Misidentified Task Was Accomplished

    For airplanes on which the restoration task specified as task
``33-51-54-602'' in the applicable temporary revision identified in

paragraph (i) of this AD was done before the effective date of this
AD:
    (1) The actions specified in paragraph (g) of this AD are not
required.
    (2) The initial accomplishment of the task specified in
paragraphs (h)(1) and (2) of this AD is not required.
    (3) Task 33-51-54-603 must be done within 48 months after task
``33-51-54-602'' was accomplished, and thereafter at the intervals
specified in task 33-51-54-603.

(k) No Alternative Actions and Intervals

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

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier's TCCA Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2020-07, dated March 17, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0843.
    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-33-024, dated May 13, 2019.
    (ii) Bombardier Global Express BD-700 Supplemental Time Limits/
Maintenance Checks (STLMC) Temporary Revision (TR) 05-19091701,
dated September 17, 2019.
    (iii) Bombardier Global Express BD-700 STLMC TR 05-19091704,
dated September 17, 2019.
    (iv) Bombardier Global Express XRS BD-700 STLMC TR 05-19091705,
dated September 17, 2019.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>internet https://www.bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 29, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-03574 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84573-84574]
[FR Doc No: 2016-28158]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-12-000]

Dominion Carolina Gas Transmission, LLC; Notice of Request Under
Blanket Authorization

    Take notice that on November 9, 2016, Dominion Carolina Gas
Transmission, LLC (DCG), 121 Moore Hopkins Lane, Columbia, South
Carolina 29210, filed in Docket No. CP17-12-000, a prior notice request
pursuant to sections 157.205 and 157.216 of the Commission's
regulations under the Natural Gas Act (NGA). DCG seeks authorization to
abandon in place and disconnect an 11.01 mile segment of its Line L in
Kershaw County, South Carolina.
    DCG proposes to perform these activities under its blanket
certificate authority issued in Docket No. CP06-72-000, all as more
fully set forth in the application which is on file with the Commission
and open to public inspection.
    The filing may be viewed on the web at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Richard D. Jessee, Gas Transmission Certificates Program Manager,
Dominion Carolina Gas Transmission, LLC, 707 East Main Street,
Richmond, VA 23219, or by calling<PHONE_NUMBER>. (telephone),
<EMAIL_ADDRESS>    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's

Regulations under the NGA (18 CFR 157.205) a protest to the request. If
no protest is filed within the time allowed therefore, the proposed
activity shall be deemed to be authorized effective the day after the
time allowed for protest. If a protest is filed and not withdrawn
within 30 days after the time allowed for filing a protest, the instant
request shall be treated as an application for authorization pursuant
to section 7 of the NGA.
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.

    Dated: November 16, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-28158 Filed 11-22-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16094-16096]
[FR Doc No: 2019-07704]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85635; File No. SR-BOX-2019-13]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Extend the
Pilot to the Close of Business on October 18, 2019, for Exchange Rule
IM-7170-1, That Is Linked to the Equity Market Plan To Address
Extraordinary Market Volatility (the ``Limit Up-Limit Down Plan'' or
the ``Plan'')

April 12, 2019.
    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 11, 2019, BOX Exchange LLC (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the 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\ 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 extend the pilot to the close of business
on October 18, 2019, for Exchange Rule IM-7170-1, that is linked to the
equity market Plan to Address Extraordinary Market Volatility (the
``Limit Up-Limit Down Plan'' or the ``Plan''). The text of the proposed
rule change is available from the principal office of the Exchange, at
the Commission's Public Reference Room and also on the Exchange's
internet website at http://boxoptions.com.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 purpose of the proposed rule change is to amend Rule IM-7170-1
to extend the pilot to the close of business on October 18, 2019. This
change is being proposed in connection with a proposed amendment to the
Limit Up-Limit Down Plan that would allow the Plan to continue to
operate on a permanent basis (``Amendment 18'').
    In an attempt to address extraordinary market volatility in NMS
Stock, and, in particular, events like the severe volatility on May 6,
2010, U.S. national securities exchanges and the Financial Industry
Regulatory Authority, Inc. (collectively, ``Participants'') drafted the
Plan pursuant to Rule 608 of Regulation NMS and under the Act.\3\ On
May 31, 2012, the Commission approved the Plan, as amended, on a one-
year pilot basis.\4\ Though the Plan was primarily designed for equity
markets, the Exchange believed it would, indirectly, potentially impact
the options markets as well. Thus, the Exchange has previously adopted
and amended Rule IM-7170-1 to ensure the option markets were not harmed
as a result of the Plan's implementation and has implemented the rule
on a pilot basis that has coincided with the pilot period for the
Plan.\5\ Rule IM-7170-1 was adopted to assist the Exchange in managing
effects stemming from the implementation of the Plan.
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    \3\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011)(File No. 4-631).
    \4\ See Securities and Exchange Act Release No. 67091 (May 31,
2012) 77 FR 33498 (June 6, 2012).
    \5\ See Securities Exchange Act Release Nos. 34-76233 (October
22, 2015), 80 FR 66087 (October 28, 2015) (SR-BOX-2015-34)
(proposing to extend pilot program to coincide with the pilot period
for the Plan).
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    The Commission recently published an Amendment 18, which would
allow the Plan to operate on a permanent, rather than pilot basis.\6\
In connection with this change, the Exchange proposes to amend the
Options Pilots to expire at the close of business on October 18, 2019--
i.e., six months after the expiration of the current pilot period for
the Plan. Specifically, the Exchange proposes to amend Exchange Rule
IM-7170-1 to untie the Options Pilot's effectiveness from that of the
Plan and to extend the Options Pilot's effectiveness to the close of
business on October 18, 2019. The Exchange understands that the other
national securities exchanges will also file similar proposals to
extend their respective pilot programs, the substance of which are
identical to the proposal.
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    \6\ See Securities Exchange Act Release Nos. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (Amendment No. 18 Proposing
Release).
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    The Exchange does not propose any additional changes to Exchange
Rule IM-7170-1. The Exchange believes the benefits to market
participants from the Options Pilots should continue on a limited six
month pilot basis after Commission approves the Plan to operate on a
permanent basis. Assuming the Plan is approved by the Commission to
operate on a permanent, rather than pilot basis, the Exchange intends
to assess whether additional changes should also be made to the Options
Pilots. Extending the Options Pilots for an additional six months
should provide the Exchange and other national securities exchanges
additional time to consider further amendments to their rules in light
of proposed Amendment 18.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\7\ in general, and Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, to promote just and equitable principles of
trade, and, in general, to protect investors and the public interest
and not to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange believes that the proposed rule
change promotes just and equitable principles of trade in that it
promotes transparency and uniformity across markets concerning rules
for options markets adopted to coincide with the Plan. The Exchange
believes that extending the Options Pilots for an additional six months
would help assure that the rules subject to such Pilots are either
similarly made permanent, amended or removed, following additional
discussion and analysis by the Exchange and other national securities
exchanges. The proposed rule change would also help assure that such
rules are not immediately eliminated, thus furthering fair and orderly
markets, the protection of investors and the public interest. Based on
the foregoing, the Exchange believes the Options Pilots should continue
to be in effect on a pilot basis while the Exchange and the other
national securities exchanges consider and develop a permanent proposal
for such rules.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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 would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal would ensure
the continued, uninterrupted operation of the Options Pilots while the
Exchange and other national securities exchanges consider further
amendments to these rules in light of proposed Amendment 18. The
Exchange understands that the other national securities exchanges will
also file similar proposals to extend their respective pilot programs,
the substance of which are identical to this proposal.

Thus, the proposed rule change will help to ensure consistency across
market centers without implicating any competitive issues. As such, the
Exchange does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \12\ 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 proposed
rule change may become effective and operative immediately upon filing.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the current Options Pilots to continue uninterrupted,
without any changes, while the Exchange and the other national
securities exchanges consider and develop a permanent proposal for
Options Pilots. For this reason, the Commission hereby waives the 30-
day operative delay requirement and designates the proposed rule change
as operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission also 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BOX-2019-13 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-BOX-2019-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BOX-2019-13 and should be submitted on
or before May 8, 2019.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07704 Filed 4-16-19; 8:45 am]
BILLING CODE 8011-01-P