[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Rules and Regulations]
[Page 38912-38914]
[DOCID:fr05au09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0463; Directorate Identifier 2008-NM-065-AD;
Amendment 39-15984; AD 2009-16-01]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    A failure mode has been identified that can lead to loss of a
nose wheel. Any combination of excessive wear and/or adverse
tolerances on the axle inner cone, outer cone or wheel hub splined
sleeve cones can result in the loss of the critical gap between the
inner flange face of the wheel outer cone and the axle end face. If
this gap is lost, it can result in the wheel having free play along
the length of the axle. This condition, if not corrected, can result
in breakage of the wheel nut lock plate leading to unscrewing of the
wheel retention nut and subsequent separation of the nose wheel from
the landing gear axle.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 9, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2009.

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

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 20, 2009 (74 FR
23671). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    A failure mode has been identified that can lead to loss of a
nose wheel. Any combination of excessive wear and/or adverse
tolerances on the axle inner cone, outer cone or wheel hub splined
sleeve cones

can result in the loss of the critical gap between the inner flange
face of the wheel outer cone and the axle end face. If this gap is
lost, it can result in the wheel having free play along the length
of the axle. This condition, if not corrected, can result in
breakage of the wheel nut lock plate leading to unscrewing of the
wheel retention nut and subsequent separation of the nose wheel from
the landing gear axle.
    For the reasons described above, this AD requires repetitive
inspections of the nose landing gear to ensure that the wheels are
correctly retained and, depending on findings, replacement of worn
parts.

Required actions include inspecting the lock plate for damage
(including excessive wear) and cracking, and replacing the lock plate
with a new or serviceable part if any damage or cracking is found;
inspecting the wheel nut for damage, and replacing any damaged nut with
a new or serviceable part; and measuring the gap between the inner
flange of the outer cone (at each of the three sections) and the end
face of the axle to determine if parts are worn, and replacing worn
parts with new or serviceable parts. You may obtain further information
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 7 products of U.S. registry.
We also estimate that it will take about 4 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $2,240, or $320 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2009-16-01 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15984. Docket No. FAA-
2009-0463; Directorate Identifier 2008-NM-065-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 9, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model
Jetstream 4101 airplanes, certificated in any category, all models,
all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    A failure mode has been identified that can lead to loss of a
nose wheel. Any combination of excessive wear and/or adverse
tolerances on the axle inner cone, outer cone or wheel hub splined
sleeve cones can result in the loss of the critical gap between the
inner flange face of the wheel outer cone and the axle end face. If
this gap is lost, it can result in the wheel having free play along
the length of the axle. This condition, if not corrected, can result
in breakage of the wheel nut lock plate leading to unscrewing of the
wheel retention nut and subsequent separation of the nose wheel from
the landing gear axle.
    For the reasons described above, this AD requires repetitive
inspections of the nose landing gear to ensure that the wheels are
correctly retained and, depending on findings, replacement of worn
parts.

Required actions include inspecting the lock plate for damage
(including excessive wear) and cracking, and replacing the lock
plate with a new or serviceable part if any damage or cracking is
found; inspecting the wheel

nut for damage, and replacing any damaged nut with a new or
serviceable part; and measuring the gap between the inner flange of
the outer cone (at each of the three sections) and the end face of
the axle to determine if parts are worn, and replacing worn parts
with new or serviceable parts.

Actions and Compliance

    (f) Unless already done, do the following actions for the left
and right nose wheel attachments to the axle.
    (1) Within 3 months after the effective date of this AD, inspect
the lock plate for damage (including excessive wear) and cracking,
inspect the wheel nut for damage, and measure the gap between the
inner flange of the outer cone and the end face of the axle to
determine if parts are worn, in accordance with paragraph 2.B. of
BAE Systems (Operations) Limited Service Bulletin J41-32-086, dated
June 27, 2007.
    (2) If, during any inspection required by paragraph (f)(1) of
this AD, any damage or cracking of the lock plate is found, before
further flight, replace the lock plate with a new or serviceable
part, in accordance with paragraph 2.B. of BAE Systems (Operations)
Limited Service Bulletin J41-32-086, dated June 27, 2007.
    (3) If, during any inspection required by paragraph (f)(1) of
this AD, any damage of the wheel nut is found, before further
flight, replace the wheel nut with a new or serviceable part, in
accordance with paragraph 2.B. of BAE Systems (Operations) Limited
Service Bulletin J41-32-086, dated June 27, 2007.
    (4) If, during any measurement required by paragraph (f)(1) of
this AD, the measured gap size is found to be less than 0.002 inch
(0.05 mm), before further flight, replace any worn parts with new or
serviceable parts, in accordance with paragraph 2.B. of BAE Systems
(Operations) Limited Service Bulletin J41-32-086, dated June 27,
2007. Within 3,000 flight hours after doing the replacement, repeat
the actions for the left and right nose wheel attachments to the
axle that are required by paragraph (f)(1) of this AD.
    (5) If, during any measurement required by paragraph (f)(1) of
this AD, the measured gap size is equal to or more than 0.002 inch
(0.05 mm), repeat the actions for the left and right nose wheel
attachments to the axle that are required by paragraph (f)(1) of
this AD thereafter at intervals not to exceed the value indicated in
Table 1 of this AD, depending on the exact finding. If, during any
repeat inspection, the finding has changed to another value (see
Table 1), adjust the new interval accordingly.

                  Table 1--Repeat Inspection Intervals
------------------------------------------------------------------------
                                                                Repeat
                                                              inspection
                     Measured gap size                       interval in
                                                                flight
                                                                hours
------------------------------------------------------------------------
0.002 inch to 0.005 inch inclusive (0.05/0.13mm)...........          500
Greater than 0.005 inch to less than or equal to 0.010 inch        1,000
 (0.13/0.25mm).............................................
Greater than 0.010 inch to less than or equal to 0.020 inch        2,000
 (0.25/0.51mm).............................................
Greater than 0.020 inch (0.51mm)...........................        3,000
------------------------------------------------------------------------

    Note 1:  Replacement of parts does not constitute terminating
action for the inspection requirements of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: Although BAE Systems (Operations) Limited Service
Bulletin J41-32-086, dated June 27, 2007, does not specify an
inspection following the replacement of the left and right nose
wheel attachment to the axle for measurements less than 0.002 inch,
paragraph (f)(4) of this AD requires an inspection within 3,000
flight hours after replacing the part.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0036, dated February 22, 2008; and BAE Systems
(Operations) Limited Service Bulletin J41-32-086, dated June 27,
2007; for related information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Service
Bulletin J41-32-086, dated June 27, 2007, to do the actions required
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BAE
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet http://www.baesystems.com/Businesses/RegionalAircraft/
index.htm.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on July 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18018 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47216-47218]
[FR Doc No: 2018-20196]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84103; File No. SR-NYSEARCA-2018-66]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges To Introduce a New Pricing Tier, Step Up
Tier 3

September 12, 2018.
    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, on September 4, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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 the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to introduce a new pricing tier, Step Up
Tier 3. The Exchange proposes to implement the fee change effective
September 4, 2018. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 the Fee Schedule to introduce a new
pricing tier, Step Up Tier 3. The Exchange proposes to implement the
fee change effective September 4, 2018.
    The Exchange currently has a Step Up Tier pursuant to which
qualifying ETP Holders and Market Makers receive a credit of $0.0030
per share for orders that provide displayed liquidity to the Book in
Tape A Securities, $0.0023 per share for orders that provide displayed
liquidity to the Book in Tape B Securities, and $0.0031 per share for
orders that provide displayed liquidity to the Book in Tape C
Securities if such ETP Holders and Market Makers directly execute
providing average daily volume (``ADV'') per month of 0.50% or more but
less than 0.70% of the US CADV, and directly execute providing ADV that
is an increase of no less than 0.10% of US CADV for that month over the
ETP Holder's or Market Maker's providing ADV in Q1 2018.\4\
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    \4\ See Securities Exchange Act Release No. 83032 (April 11,
2018), 83 FR 16909 (April 17, 2018) (SR-NYSEArca-2018-20).
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    The Exchange also has a Step Up Tier 2 pricing tier pursuant to
which ETP Holders and Market Makers receive a credit of $0.0028 per
share for orders that provide displayed liquidity to the Book in Tape A
and Tape C Securities, and $0.0022 per share for orders that provide
displayed liquidity to the Book in Tape B Securities if such ETP
Holders and Market Makers directly execute providing ADV per month of
0.22% or more but less than 0.30% of the US CADV, and directly execute
providing ADV that is an increase of no less than 0.06% of US CADV for
that month over the ETP Holder's or Market Maker's providing ADV in May
2018.\5\
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    \5\ See Securities Exchange Act Release No. 83418 (June 12,
2018), 83 FR 28282 (June 18, 2018) (SR-NYSEArca-2018-41).
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    The Exchange proposes a new pricing tier--Step Up Tier 3--for
securities with a per share price of $1.00 or above. As proposed, ETP
Holders and Market Makers would qualify for the new Step Up Tier 3 if
they directly execute providing ADV per month of 0.15% or more but less
than 0.20% of the US CADV and directly execute providing ADV that is an
increase of no less than 0.075% of US CADV for that month over the ETP
Holder's or Market Maker's providing ADV in May 2018. ETP Holders and
Market Makers that qualify for Step Up Tier 3 would receive a credit of
$0.0025 per share for orders that provide displayed liquidity to the
Book in Tape A and Tape C Securities and $0.0022 per share for orders
that provide displayed liquidity to the Book in Tape B Securities. For
all other fees and credits, tiered or basic rates apply based on a
firm's qualifying levels.
    The goal of the proposed Step Up Tier 3 pricing tier is to further
incentivize ETP Holders and Market Makers to increase the orders sent
directly to the Exchange and therefore provide liquidity that supports
the quality of price discovery and promotes market transparency. The
proposed pricing tier, which adopts a lower threshold than the Step Up
Tier and Step Up Tier 2 is intended to allow ETP Holders and Market
Makers to achieve rebates that weren't previously available. The
Exchange believes that the proposed new pricing tier will provide an
incentive for ETP Holders and Market Makers that do not meet current
tier requirements to direct more of their order flow to the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\7\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes the Step Up Tier 3 pricing tier will serve as
an incentivize [sic] to market participants to increase the orders sent
directly to NYSE Arca and therefore provide

liquidity that supports the quality of price discovery and promotes
market transparency. The Exchange believes the proposed pricing tier,
which adopts a lower threshold, is reasonable and equitable because it
would allow ETP Holders and Market Makers that directly execute
providing ADV of at least 0.15% but less than 0.20% of US CADV and
directly execute providing ADV that is an increase of no less than
0.075% of US CADV to receive credits that were not previously
available. Firms that meet the requirement of the proposed pricing tier
did not previously receive higher credits for adding displayed
liquidity. Moreover, the addition of the Step Up Tier 3 would benefit
market participants whose increased order flow provides meaningful
added levels of liquidity thereby contributing to the depth and market
quality on the Exchange. The Exchange believes that the proposed new
Step Up Tier 3 is not unfairly discriminatory because it is open to all
ETP Holders and Market Makers, on an equal basis, that add liquidity at
or below the proposed Step Up Tier 3 requirement and who do not qualify
for rebates currently provided pursuant to Tiers 1, 2 and 3 or pursuant
to Step Up Tiers 1 and 2. The Exchange further believes that ETP
Holders and Market Makers that provide liquidity below 0.20% of US
CADV, which is a minimum requirement pursuant to Tier 3 to qualify for
increased rebates, would now be eligible for the proposed rebates if
they meet the requirements of the proposed Step Up Tier 3.
    The Exchange believes that the proposed fee change is equitable and
not unfairly discriminatory because providing incentives for orders in
exchange-listed securities that are executed on a registered national
securities exchange (rather than relying on certain available off-
exchange execution methods) would contribute to investors' confidence
in the fairness of their transactions and would benefit all investors
by deepening the Exchange's liquidity pool, supporting the quality of
price discovery, promoting market transparency and improving investor
protection.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposal
to add a new pricing tier would encourage the submission of additional
liquidity to a public exchange, thereby promoting price discovery and
transparency and enhancing order execution opportunities for ETP
Holders and Market Makers. The Exchange believes that this could
promote competition between the Exchange and other execution venues,
including those that currently offer similar order types and comparable
transaction pricing, by encouraging additional orders to be sent to the
Exchange for execution.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of ETP Holders or competing order execution venues to maintain
their competitive standing in the financial markets.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEARCA-2018-66 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2018-66. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be

available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEARCA-2018-66 and should be submitted on or before October 9, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
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    \12\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-20196 Filed 9-17-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 27971-27972]
[FR Doc No: 2013-11286]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0677]

Dental Products Panel of the Medical Devices Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Dental Products Panel of the Medical Devices
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on July 18th, 2013, from 8
a.m. to 2:30 p.m.
    Location: Hilton Washington DC North/Gaithersburg, Salons A, B and
C, 620 Perry Pkwy., Gaithersburg, MD,

20877. The hotel phone number is<PHONE_NUMBER>.
    Contact Person: Sara J. Anderson, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg 66, Rm. 1611, Silver Spring, MD<EMAIL_ADDRESS>
301-796-7047, or FDA Advisory Committee Information Line, 1-800-741-
8138<PHONE_NUMBER> in the Washington, DC area). A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm
and scroll down to the appropriate advisory committee meeting link, or
call the advisory committee information line to learn about possible
modifications before coming to the meeting.
    Agenda: On July 18, 2013, the committee will discuss and make
recommendations on the proposed regulatory classification for dental
devices known as Endosseous Dental Implants (Blade-form), one of the
remaining preamendments Class III devices. The Class III blade-form
endosseous dental implant is a device placed into the maxilla or
mandible and composed of biocompatible material, such as commercially
pure titanium, with sufficient strength to support a dental
restoration, such as a crown, bridge, or denture, intended for the
purpose of replacing tooth (or teeth) roots and extending a support
post through the gingival tissue into the oral cavity to restore
chewing function. The blade-form implant is generally a rectangular
shape or rounded corner rectangle shape (in the mesio-distal plane)
with a narrow tapered (narrow at the apical edge) edge (in the bucco-
lingual plane) similar in shape to a razor blade. Other blade designs,
such as square, V-shaped, and triangles have also been used. The blade-
form implants are either one-piece or two-piece implants designed with
one to three cylindrical abutment posts extending from the coronal
aspect of the blade through the soft tissue and into the oral cavity.
    On January 4, 2013 (FDA-2012-N-0677), FDA issued a proposed order
which, if made final, would reclassify the blade-form endosseous dental
implant into class II (special controls). The committee's discussion
will involve making recommendations regarding regulatory classification
to either reaffirm Class III or reclassify these devices into Class II
and comment on whether the proposed Special Controls are adequate to
reasonably ensure the safety and effectiveness of blade-form endosseous
dental implants. The regulatory history of blade-form endosseous dental
implant has been discussed as part of the proposed order (FDA-2012-N-
0677).
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before July
9, 2013. On July 18, 2013, oral presentations will be scheduled between
approximately 1 p.m. and 2 p.m. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before June 28, 2013. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will notify interested persons regarding their
request to speak by July 1, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact AnnMarie Williams,
Conference Management Staff, at<EMAIL_ADDRESS>or 301
796-5966 at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 8, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-11286 Filed 5-10-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Proposed Rules]
[Pages 12136-12137]
[FR Doc No: 2015-05197]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III

[Docket No. FMCSA-2007-27748]

Minimum Training Requirements for Entry-Level Drivers of
Commercial Motor Vehicles: Negotiated Rulemaking Committee Meetings

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

ACTION: Notice of advisory committee public meetings.

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SUMMARY: FMCSA announces the meeting schedule for the Entry-Level
Driver Training Advisory Committee (ELDTAC), established to complete a
negotiated rulemaking on Entry-Level Driver Training (ELDT) for
individuals who want to operate Commercial Motor Vehicles (CMVs).
ELDTAC is a negotiated rulemaking committee established to develop a
Notice of Proposed Rulemaking (NPRM) to implement section 32304 of the
Moving Ahead for Progress in the 21st Century (MAP-21) concerning ELDT
standards for individuals applying for a commercial driver's license
(CDL) or CDL upgrade. The meetings will be held Thursday-Friday, March
19-20, April 9-10 and 23-24, and May 14-15 and 28-29, 2015. The
meetings are open to the public for their entirety.

DATES: The meetings will be held Thursday-Friday, March 19-20, April 9-
10 and 23-24, and May 14-15 and 28-29, 2015, from 9 a.m. to 4:30 p.m.,
Eastern Daylight Time (E.T.), on Thursdays and 9 a.m. to 3 p.m., E.T.,
on Fridays at various locations in Washington, DC, and Arlington, VA.
Specific locations and an agenda for each meeting will be posted in
advance of the meetings at http://www.fmcsa.dot.gov/eldtac.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Policy
Advisor, Federal Motor Carrier Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590,
(202) 366-2551<EMAIL_ADDRESS>    Services for Individuals With Disabilities: For information on
facilities or services for individuals with disabilities or to request
special assistance at the meeting, contact Eran Segev at (617) 494-
3174<EMAIL_ADDRESS>one week prior to each meeting.

SUPPLEMENTARY INFORMATION:

I. Background

Entry-Level Driver Training

    Section 32304 of the Moving Ahead for Progress in the 21st Century
(MAP-21) (Pub. L. 112-141, 126 Stat. 405 (July 6, 2012)) requires FMCSA
to establish new regulations concerning ELDT. MAP-21 requires ``that
the training regulations address knowledge and skills for motor vehicle
operation, specific requirements for hazmat and passenger endorsements,
create a certificate system for meeting requirements, and require
training providers to demonstrate that their training meets uniform
standards.'' The new requirements would apply to individuals seeking a
CDL to operate CMVs, as defined in 49 CFR 383.5.
    On August 19, 2014 (79 FR 49044), FMCSA announced that the Agency
would explore the feasibility of conducting a negotiated rulemaking
concerning entry-level driver training for drivers of CMVs. The Agency
announced the hiring of a convener to speak with interested parties
about the feasibility of conducting an ELDT negotiated rulemaking and
requested public comments by September 18, 2014. As part of the first
step in this process, the convener conducted these interviews and
submitted a report to the Agency on November 26, 2014, regarding the
feasibility of conducting a negotiated rulemaking. The convening report
is available both in the rulemaking docket at FMCSA-2007-27748 and on
the Internet at eldtac.fmcsa.dot.gov.
    On December 10, 2014 (79 FR 73273), FMCSA announced its intent to
establish a negotiated rulemaking committee to negotiate and develop
proposed regulations to implement the MAP-21 provision concerning ELDT
based on the recommendations of the convener. On February 12, 2015 (80
FR 7814), FMCSA announced the appointment of members to the Entry-Level
Driver Training Advisory Committee (ELDTAC) established to complete a
negotiated rulemaking on ELDT for individuals who want to operate CMVs.

ELDTAC

    The ELDTAC is established by charter in accordance with the Federal
Advisory committee Act (FACA), 5 U.S.C., App. 2. Transportation
Secretary Anthony Foxx signed the ELDTAC charter on January 15, 2015,
which provides up to 2 years for the Committee's duration, in
accordance with section 14 of FACA. Additionally, as the ELDTAC is a
negotiated rulemaking committee (``Reg Neg''), it

complies with the Negotiated Rulemaking Act (5 U.S.C. 564). The
Committee is effective from the date of signature through January 15,
2017.

ELDTAC Membership

    In its December 10, 2014, Federal Register notice, the Agency
announced that it was soliciting applications and nominations for
membership on the ELDTAC. These members are experts in their respective
fields and appointed as Special Government employees or representatives
of entities or interests including but not limited to the following:
CMV driver training organizations; industry representatives;
representatives of driver training schools; motor carriers (of property
and passengers) and associations; State licensing agencies; State
enforcement agencies; labor unions; safety advocacy groups; insurance
companies; and others selected with a view toward achieving varied
perspectives on ELDT. In an effort to balance these interests to the
extent practicable, the FMCSA Acting Administrator appointed 26 members
on January 30, 2015, who will each serve for up to one two-year term.
The members met for the first time Thursday-Friday, February 26-27,
2015.

II. Meeting Participation

    Oral comments from the public will be heard during the meeting, as
managed by the Reg Neg facilitator.

III. Submitting Written Comments

    Members of the public may submit written comments on the topics to
be considered during the meeting one week prior to each meeting to
Federal Docket Management System (FDMC) Docket Number FMCSA-2007-27748.
If you submit a comment, please include the docket number for this
notice (FMCSA-2007-27748). You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2007-27748, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2007-27748, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the Internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.

Privacy Act

    DOT posts comments, without edit, including any personal
information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.

IV. Future Committee Meetings and Rulemaking Calendar

    In coordination with the Reg Neg facilitator, FMCSA has developed
this schedule of committee meetings, running through May 2015.
    FMCSA intends to complete the Reg Neg process for the proposed rule
within the first half of 2015 and to publish a Notice of Proposed
Rulemaking (NPRM) this year, followed by a Final Rule in 2016. After
the conclusion of the committee meetings, the Agency will draft the
NPRM, which is expected to take approximately 6-8 weeks, depending on
the degree of consensus on the issues and the supporting data developed
by the committee. The NPRM will then be reviewed by DOT's Office of the
Secretary and the Office of Management and Budget (OMB). The Agency
will then publish the NPRM for public comment.
    Following the close of the public comment period the Agency will
evaluate and respond to public comments as it drafts a final rule,
which will also undergo Departmental and OMB review. Although the time
needed to address public comments to an NPRM that has been developed
through a successful negotiated rulemaking process is typically shorter
than for rules conducted through the ordinary informal notice and
comment process, the Agency must nonetheless address substantive public
comments in the final rule, in accordance with the Administrative
Procedure Act. While the Agency cannot state with certainty the time
required to complete the Reg Neg process and notice and comment
rulemaking, the target date for publication of an NPRM is October 15,
2015.

    Issued on: March 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05197 Filed 3-5-15; 8:45 am]
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