[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Page 64028]
[FR Doc No: 2022-22922]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-104-000]

Sunrise Wind LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sunrise Wind LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 7, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22922 Filed 10-20-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5752-5754]
[FR Doc No: 2019-03040]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85153; File No. SR-NASDAQ-2019-007]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Reassign Certain
Investigation and Enforcement Functions Under the Exchange's Authority
and Supervision

February 15, 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 February 5, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to assume operational responsibility for
certain investigation and enforcement functions currently performed by
the Financial Industry Regulatory Authority (``FINRA'') under the
Exchange's authority and supervision. Nasdaq Rule 0150 requires
Commission approval for this transfer of operational responsibility to
Nasdaq. Nasdaq anticipates a phased transition, whereby Nasdaq would
assume increasing responsibility throughout 2019 and into early 2020
for investigation and enforcement activities for certain conduct
occurring on the Nasdaq and Nasdaq BX, Inc. (``BX'') markets
(collectively, the ``Exchanges'').
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.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 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
    Section 6 of the Act requires that national securities exchanges
enforce their members' compliance with federal securities laws and
rules as well as the exchanges' own rules.\3\ As a self-regulatory
organization (``SRO''), Nasdaq must have a comprehensive regulatory
program that includes investigation and prosecution of suspicious
activity. Since it became a national securities exchange, Nasdaq has
contracted with FINRA through various regulatory services agreements
(``RSAs'') to perform certain of these regulatory functions on its
behalf. However, as the Commission has made clear, ``the Nasdaq
Exchange bears the responsibility for self-regulatory conduct and
primary liability for self-regulatory failures, not the SRO retained to
perform regulatory functions on the Exchange's behalf.'' \4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78(f).
    \4\ Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550, 3556 (January 23, 2006).
---------------------------------------------------------------------------

    Notwithstanding its use of FINRA, the Exchange has also retained
operational responsibility for a number of regulatory functions,
including real-time surveillance, qualification of companies listed on
Nasdaq and most surveillance related to its affiliated options markets.
Historically, Nasdaq retained operational responsibility in areas where
Nasdaq's expertise regarding its own markets, technology and listed
companies enhanced regulation. In recognition of this, on September 30,
2013, the Commission approved Nasdaq's proposal to reallocate
operational responsibility from FINRA to Nasdaq for certain equities
surveillance patterns and related review functions, focused on: (1)
Manipulation patterns that monitor solely Nasdaq activity; and (2)
monitoring of compliance by member firms with elements of the
Commission's Regulation M and Nasdaq Rule 4619 compliance.\5\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 70569 (September 30,
2013), 78 FR 62814 (October 22, 2013) (SR-NASDAQ-2013-102).
---------------------------------------------------------------------------

    Building on Nasdaq's experience and expertise, this proposal
reflects a natural evolution of Nasdaq's proven model to assume and
retain operational responsibility in areas where its in-depth knowledge
of its markets and members enhances market regulation. For the reasons
outlined below, Nasdaq now seeks Commission approval to reallocate
operational responsibility from FINRA to Nasdaq Regulation \6\ for
certain investigation and enforcement activity, namely:
---------------------------------------------------------------------------

    \6\ Under Nasdaq Rule 9120(t), Nasdaq Regulation includes the
Nasdaq Enforcement Department.
---------------------------------------------------------------------------

     Investigation and enforcement responsibilities for conduct
occurring on its options markets (The BX Options Market and The Nasdaq
Options Market), and
     investigation and enforcement responsibilities for conduct
occurring on the Nasdaq and BX equity markets only, i.e., not also on
non-Nasdaq equities markets.\7\
---------------------------------------------------------------------------

    \7\ Nasdaq Regulation currently performs these functions for the
Nasdaq PHLX LLC (``Phlx''), Nasdaq ISE, LLC (``ISE''), Nasdaq GEMX,
LLC (``GEMX''), and Nasdaq MRX, LLC (``MRX'') because there is no
comparable rule to Rule 0150 on those markets.
---------------------------------------------------------------------------

    Currently, under RSAs, FINRA is responsible for, among other
things, the investigation of matters referred from Nasdaq MarketWatch
and the Phlx Market Surveillance department. FINRA is also responsible
for providing services related to Nasdaq's formal disciplinary process,
including the issuance of Wells Notices, Cautionary Action Letters,
Complaints, and settlement documents.
    Nasdaq now proposes to perform these functions and is seeking
Commission approval to do so. Nasdaq

believes that its expertise in its own market structure coupled with
its expertise in surveillance activities will enable it to conduct
investigation and enforcement responsibilities for the Exchanges
effectively, efficiently and with immediacy. In addition, this proposal
represents an incremental reallocation of operational responsibility
because Nasdaq Regulation currently performs investigative and
enforcement work on behalf of Phlx, ISE, GEMX, and MRX, providing it
with relevant experience to perform these functions for the Exchanges
as well. Most recently, Phlx filed for immediate effectiveness
amendments to the Phlx's rules that vested its Regulation Department
with investigation and enforcement authority.\8\ Nasdaq now seeks
Commission approval to exercise this same authority for conduct on the
Exchanges that it already exercises for Phlx, ISE, GEMX, and MRX.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 82143 (November 22,
2017), 82 FR 56672 (November 29, 2017) (SR-Phlx-2017-92) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Adopt
Investigatory and Disciplinary Processes Substantially Similar to
Nasdaq BX, Inc. and The Nasdaq Stock Market LLC for Phlx, which,
among other things, similarly enabled Phlx to retain discretion to
perform these functions).
---------------------------------------------------------------------------

    Notwithstanding this proposal, FINRA will continue to have
responsibility for, among other things: (1) The investigation and
enforcement of conduct occurring on the Nasdaq and BX equity markets
that also relates to cross market activity on non-Nasdaq exchanges; (2)
the handling of contested disciplinary proceedings arising out of
Nasdaq Regulation-led investigation and enforcement activities; and (3)
matters covered by agreements to allocate regulatory responsibility
under Rule 17d-2 of the Act. As with all investigation and enforcement
work, all tasks delegated to FINRA are subject to Nasdaq's supervision
and ultimate responsibility.
    Nasdaq Regulation has instituted the requisite infrastructure to
accommodate the internalization of investigative and enforcement work
on behalf of the Exchanges. Specifically, Nasdaq created a new
investigation and enforcement group to perform the functions covered by
this proposal, which included hiring additional staff. Nasdaq is also
leveraging its existing staff of experienced analysts, lawyers,
programmers, and market structure experts to assist, where necessary,
with performing the new functions covered by this proposal. In
addition, Nasdaq Regulation has developed comprehensive plans covering
the transition and has met regularly for more than one year to ensure a
smooth transition of the work and prevent any gaps in regulatory
coverage. Finally, Nasdaq filed for immediate effectiveness amendments
to its rules to vest the Nasdaq Enforcement Department with the
investigative and enforcement authority that Nasdaq now seeks to
exercise.\9\
---------------------------------------------------------------------------

    \9\ Securities Exchange Act Release No. 84355 (October 3, 2018),
83 FR 51015 (October 10, 2018) (SR-NASDAQ-2018-066).
---------------------------------------------------------------------------

    Nasdaq anticipates a phased transition of investigative and
enforcement responsibility, whereby Nasdaq would assume increasing
investigation and enforcement responsibility throughout 2019 and into
early 2020 for the conduct occurring on the Exchanges. Nasdaq also
anticipates transitioning certain matters currently pending with FINRA
to the Nasdaq Enforcement Department if Nasdaq Regulation believes
doing so is consistent with ensuring prompt resolution of regulatory
matters.
    Nasdaq Rule 0150 requires that Nasdaq obtain Commission approval if
regulatory functions subject to RSAs in effect at the time that Nasdaq
began to operate as a national securities exchange are no longer
performed by FINRA or another independent SRO. For the reasons stated
above, Nasdaq believes that the reassignment of investigation and
enforcement responsibility will further its regulatory program and
benefit investors and the markets. Commission approval of the proposal
would allow Nasdaq: To better leverage its surveillance, investigation,
and enforcement teams; to deliver increased efficiencies in the
regulation of its market; and to act promptly and provide more
effective regulation.
    In addition, Nasdaq notes that its proposal is consistent with, but
more limited than, investigation and enforcement work performed by
other national securities exchanges. For example, in 2015, the SEC
approved the New York Stock Exchange's (``NYSE'') application whereby
NYSE amended certain of its disciplinary rules to facilitate the
reintegration of certain market surveillance, investigation and
enforcement functions performed on behalf of NYSE by FINRA.\10\ Unlike
NYSE, however, Nasdaq will also continue to rely on FINRA to prosecute
contested matters before a Hearing Panel.\11\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 75721 (August 18,
2015), 80 FR 51334 (August 24, 2015) and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1,
3 and 5, Amending Exchange Disciplinary Rules to Facilitate the
Reintegration of Certain Regulatory Functions from Financial
Industry Regulatory Authority, Inc., Securities Exchange Act Release
No. 76436 (November 13, 2015), 80 FR 72460 (November 19, 2015) (SR-
NYSE-2015-35).
    \11\ See Nasdaq Rule 9120(q) (``The term ``Hearing Panel'' means
an Adjudicator that is constituted under Rule 9231 to conduct a
disciplinary proceeding governed by the Rule 9200 Series, that is
constituted under the Rule 9520 Series or the Rule 9550 Series to
conduct a proceeding, or that is constituted under the Rule 9800
Series to conduct a temporary cease and desist proceeding.'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\12\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\13\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that this proposal is in keeping with those
principles because it leverages Nasdaq's extensive operational
experience and expertise in regulating its markets and marries Nasdaq's
surveillance capabilities with its surveillance, investigation and
enforcement staff, thereby increasing effectiveness and enabling prompt
action. Nasdaq believes that it can achieve these important objectives
because it is uniquely positioned to understand conduct on its own
markets and take timely action when appropriate to investigate
potential violations and enforce the rules to punish and deter
misconduct, hold bad actors accountable, and protect investors and
market integrity. In this regard, Nasdaq Regulation's surveillance,
investigative and enforcement teams work together to identify and
review potentially violative conduct. This results in more effective
regulation because it facilitates timely and more efficient action.
Indeed, the underlying driving force for the current proposal is
Nasdaq's belief that it can conduct this regulatory work more
effectively and efficiently given its technology, structure and in-
depth knowledge of its markets and members. For these reasons, Nasdaq
believes it can conduct investigative and enforcement functions in a
thorough and timely manner, thereby promoting the fair and orderly
operation of the markets and serving the interests of market
participants and investors. In so doing, Nasdaq Regulation will fulfill
the Commission's mandate that Nasdaq bear

responsibility for self-regulatory conduct.\14\
---------------------------------------------------------------------------

    \14\ See supra note 4.
---------------------------------------------------------------------------

    Nasdaq will continue to refer certain potentially violative conduct
to FINRA for further review, including matters covered by agreements to
allocate regulatory responsibility under Rule 17d-2 of the Act.
Moreover, FINRA will continue to have responsibility for, among other
things, the investigation and enforcement of conduct occurring on the
Nasdaq and BX equity markets that also occurs on non-Nasdaq exchanges,
as well as the handling of contested disciplinary proceedings arising
out of Nasdaq Regulation-led investigation and enforcement activities.
All referrals to FINRA remain subject to Nasdaq's supervision and
ultimate responsibility.
    Nasdaq also believes that the proposal is consistent with the Act
because, as the Commission has made clear, Nasdaq bears the ultimate
responsibility for self-regulatory conduct and primary liability for
self-regulatory failures.\15\ In addition, Nasdaq notes that its
proposal is consistent with, but more limited than, investigation and
enforcement work performed by NYSE. As noted above, the SEC approved
NYSE's application to amend certain of its disciplinary rules to
facilitate the reintegration of certain market surveillance,
investigation and enforcement functions performed on behalf of NYSE by
FINRA.\16\ Nasdaq believes it would therefore be consistent with the
Act for Nasdaq to perform more limited investigation and enforcement
work than NYSE.
---------------------------------------------------------------------------

    \15\ Id.
    \16\ See supra note 10.
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
intended to address competitive issues but rather to enable the
Exchange to directly investigate and initiate disciplinary actions
following the integration of certain regulatory functions from FINRA.

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2019-007 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-NASDAQ-2019-007. 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-NASDAQ-2019-007 and should be submitted
on or before March 15, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03040 Filed 2-21-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Notices]
[Pages 30709-30710]
[FR Doc No: 2019-13720]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-2199-000]

kWantix Trading Fund I, LP; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
kWantix Trading Fund I, LP's application for market-based rate
authority, with an accompanying rate tariff, noting that

such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 9, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 19, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-13720 Filed 6-26-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56116-56117]
[FR Doc No: 2017-25565]

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

DEPARTMENT OF TRANSPORTATION

[Docket Number: DOT-OST-2017-0043]

Agency Information Collection Activity; Notice of Reinstatement
To Collect Information: Barrier Failure Reporting in Oil and Gas
Operations on the Outer Continental Shelf

AGENCY: Bureau of Transportation Statistics (BTS), Office of the
Assistant Secretary for Research Technology (OST-R), U.S. Department of
Transportation.

ACTION: Notice; Reinstatement to Collect Data.

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

SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995, this notice announces the intention of the BTS to request
the Office of Management and Budget (OMB) to reinstate previously
approved OMB Number 2139-0046 for the following information collection:
Barrier Failure Reporting in Oil and Gas Operations on the Outer
Continental Shelf (OCS). BTS entered into a memorandum of understanding
(MOU) with the Bureau of Safety and Environmental Enforcement (BSEE) to
include an industry-wide repository of equipment failure data, analyze
and aggregate information collected under this program, and publish
reports that will provide BSEE, the industry, and all OCS stakeholders
with essential information about failure types and modes of critical
safety barriers for offshore operations related to well control. The
data collection effort that is the subject of this notice, addressed
the collection of failure data as referenced in recently issued BSEE
regulations on (81 FR 25888), April 29, 2016 and (81 FR 61834),
September 7, 2016. BTS received permission to collect the data under an
emergency OMB control number on September 29, 2016. Through this
notice, BTS is requesting permission to reinstate this previously
approved OMB control number. This information collection is necessary
to aid BSEE, the oil and gas industry, and other stakeholders in
identifying barrier failure trends and causes of critical safety
barrier failure events.

DATES: Comments must be received by December 27, 2017.

ADDRESSES: BTS seeks public comments on its proposed continuation of
information collection. Comments should address whether the information
will have practical utility; the accuracy of the estimated burden hours
of the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology. Send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, Attention: BTS Desk Officer.

FOR FURTHER INFORMATION CONTACT: Demetra V. Collia, Bureau of
Transportation Statistics, Office of the Assistant Secretary for
Research and Technology (OST-R), U.S. Department of Transportation,
Office of Statistical and Economic Analysis (OSEA), RTS-31, E36-302,
1200 New Jersey Avenue SE., Washington, DC 20590-0001; Phone No. (202)
366-1610; Fax No.<PHONE_NUMBER>; email: [email protected]. Office
hours are from 8:30 a.m. to 5 p.m., EST, Monday through Friday, except
Federal holidays.
    Data Confidentiality Provisions: This data collection is protected
under the BTS confidentiality statute (49 U.S.C. 6307(b)) and the
Confidential Information Protection and Statistical Efficiency Act
(CIPSEA) of 2002 (Public Law 107-347, Title V). In accordance with
these confidentiality statutes, only statistical and non-identifying
data will be made publicly available through reports. Further, BTS will
not release to BSEE or any other public or private entity any
information that might reveal the identity of individuals or
organizations mentioned in SafeOCS reports.

SUPPLEMENTARY INFORMATION:

I. The Data Collection

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35; as
amended) and 5 CFR part 1320 require each Federal agency to obtain OMB
approval to continue an information collection activity. BTS is seeking
OMB approval for the following BTS information collection activity:
    Title: Barrier Failure Reporting in Oil and Gas Operations on the
Outer Continental Shelf.
    OMB Control Number: 2139-0046.
    Type of Review: Approval of data collection.
    Respondents: Oil and Gas Operators on the Outer Continental Shelf.
    Number of Respondents: As a request to be authorized repository for
previously collected information, BTS has identified BSEE as the sole
respondent reporting to BTS at the annual frequency of one.
    Estimated Time per Response: 60 minutes.
    Frequency: Once.
    Total Annual Burden: 1 hour.
    BTS has agreed through an MOU with BSEE to undertake the
information collection identified in the previously approved BSEE
notice for OMB Control Number(s) 1014-0028, expiration 4/30/2019 and
the BSEE notice with OMB Control Number 1014-0003, expiration 8/31/
2019, to ensure the confidentiality of submissions under CIPSEA. The
information collection is limited to the establishment of BTS as an
authorized repository. This information collection request does not
create any additional burden for respondents.

II. Public Participation and Request for Public Comments

    On March 30, 2017, BTS published a notice (82 FR 15787) encouraging
interested parties to submit comments to docket number DOT-OST-2017-
0043 and allowing for a 60-day comment period. The comment period
closed on May 30, 2017. To view comments, go to http://www.regulations.gov and insert the docket number, ``DOT-OST-2017-0043''
in the ``Search'' box and click ``Search.'' Next, click ``Open Docket

Folder'' button and choose document listed to review. If you do not
have access to the Internet, you may view the docket by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
U.S. DOT West Building, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m. Monday through Friday, except Federal
holidays.

Privacy Act

    All comments the BTS received were posted without change to http://www.regulations.gov. Anyone may search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316), or you may visit
https://www.gpo.gov/fdsys/pkg/FR-2017-03-30/pdf/2017-06272.pdf.

III. Discussion of Public Comments and BTS Responses

    BTS announced on March 30, 2017 in a Federal Register Notice (82 FR
15788) its intention to request that OMB approve the following
continuation of information collection: Barrier Failure Reporting in
Oil and Gas Operations on the Outer Continental Shelf. BTS received no
comments during the 60-day public comment period. The March 30th notice
stated that the BTS was seeking to renew the previously approved
collection 2139-0046. This 30-day notice clarifies that BTS is seeking
reinstatement of the expired collection and is requesting OMB authorize
the collection for three years.

    Issued on: November 21, 2017.
Patricia Hu,
Director, Bureau of Transportation Statistics, Office of the Assistant
Secretary for Research and Technology
[FR Doc. 2017-25565 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-P


[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Rules and Regulations]
[Page 11435-11439]
[DOCID:fr11mr10-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0993; Directorate Identifier 2009-NM-089-AD;
Amendment 39-16229; AD 2010-06-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B4-2C, B4-103, and
B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, and B4-622R Airplanes

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

ACTION: Final rule.

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

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:

    One A300-600 aeroplane operator reported that, during a routine
inspection, the Right Hand frame 40 forward fitting between stringer
32 and stringer 33 was found cracked. The subject aeroplane had
previously been modified in accordance with Airbus SB A300-57-6053
(Airbus Modification 10453).
    This condition, if not corrected, could result in a
deterioration of the structural integrity of the frame.
* * * * *
    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective April 15, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 15,
2010.

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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; 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 October 28, 2009 (74
FR 55485). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    One A300-600 aeroplane operator reported that, during a routine
inspection, the Right Hand frame 40 forward fitting between stringer
32 and stringer 33 was found cracked. The subject aeroplane had
previously been modified in accordance with Airbus SB A300-57-6053
(Airbus Modification 10453).
    This condition, if not corrected, could result in a
deterioration of the structural integrity of the frame.
    As no fatigue maintenance tasks (Inspection SB or Airworthiness
Limitation Item) presently exist to inspect the affected area for
aeroplanes having incorporated Airbus Modification 10453
preventively (without preliminary crack finding), Airbus has
developed a new inspection [for cracking, and repair if necessary]
to ensure structural integrity of the concerned area of frame 40.
* * * * *
    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 considered the comment received.

Request To Increase Work Hours

    FedEx Express states that it has determined that the inspection
thresholds in the NPRM allow sufficient time to accomplish the proposed
inspection during a scheduled maintenance check. FedEx Express adds
that the number of work-hours and elapsed time necessary to accomplish
the proposed inspections will not impact the overall span-time of its
planned scheduled maintenance check, unless cracks are found. FedEx
Express notes that if cracks are found, significant downtime of
approximately 42 hours will be required to accomplish the corrective
action. FedEx Express adds that it has already accomplished the
inspections on five airplanes with no crack findings.
    From these statements, we infer that FedEx Express is requesting
that we revise the AD to include the work-hours necessary to repair any
crack findings. We do not agree. The economic analysis of the AD is
limited only to the cost of actions actually required by the rule. It
does not consider the costs of ``on-condition'' actions (that is,
actions needed to correct an unsafe condition such as cracking),
because, regardless of AD direction, those actions would be required to
correct an unsafe condition identified in an airplane and ensure
operation of that airplane in an airworthy condition, as required by
the Federal Aviation Regulations. We have not changed the AD in this
regard.

Explanation of Additional Note in the Final Rule

    We have included a new Note 2 in this AD (and renumbered subsequent
notes accordingly) to provide clarification that a repair is considered
any modification that restores the original strength of the cracked
part.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We also determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.

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.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work hour to $85 per
work hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 153 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $39,015, or $255 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:

2010-06-05 Airbus: Amendment 39-16229. Docket No. FAA-2009-0993;
Directorate Identifier 2009-NM-089-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus airplanes, certificated in any
category, as identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A300 B4-2C, B4-103, and B4-203 airplanes, all serial
numbers, modified preventively in service (without preliminary crack
findings) in accordance with Airbus Service Bulletin A300-53-0297
(Airbus Modification 10453).
    (2) Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-
622R airplanes, all serial numbers, modified preventively in service
(without preliminary crack findings) in accordance with Airbus
Service Bulletin A300-57-6053 (Airbus Modification 10453).

    Note 1:  For airplanes on which Airbus Service Bulletin A300-53-
0297 or A300-57-6053 (Airbus Modification 10453), as applicable, has
been incorporated as a corrective action (repair following crack
finding), no action is required by this AD.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Reason

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

    ``One A300-600 aeroplane operator reported that, during a
routine inspection, the Right Hand frame 40 forward fitting between
stringer 32 and stringer 33 was found cracked. The subject aeroplane
had previously been modified in accordance with Airbus SB A300-57-
6053 (Airbus Modification 10453).
    ``This condition, if not corrected, could result in a
deterioration of the structural integrity of the frame.
    ``As no fatigue maintenance tasks (Inspection SB or
Airworthiness Limitation Item) presently exist to inspect the
affected area for aeroplanes having incorporated Airbus Modification
10453 preventively (without preliminary crack finding), Airbus has
developed a new inspection [for cracking, and repair if necessary]
to ensure structural integrity of the concerned area of frame 40.''
* * * * *

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in Table 1 of this AD: Do a
one-time detailed visual inspection of the forward fitting at frame
40 on both sides of the airplane, in accordance with Airbus
Mandatory Service Bulletin A300-57A6108 (for Model A300 B4-601, B4-
603, B4-605R, B4-620, B4-622, and B4-622R airplanes) or A300-53A0387
(for Model A300 B4-2C, B4-103, and B4-203 airplanes), both including
Appendices 01 and 02, both dated September 12, 2008.

                        Table 1--Compliance Times
------------------------------------------------------------------------
   Airplane models/configuration               Compliance time
------------------------------------------------------------------------
A300 B4-2C and B4-103 airplanes on  Prior to the accumulation of 18,000
 which Airbus Service Bulletin       total flight cycles, or within 3
 A300-53-0297 was done prior to      months after the effective date of
 the accumulation of 9,000 total     this AD, whichever occurs later.
 flight cycles.
A300 B4-2C and B4-103 airplanes on  Within 5,500 flight cycles after
 which Airbus Service Bulletin       accomplishment of Airbus Service
 A300-53-0297 was done on or after   Bulletin A300-53-0297, or within 6
 the accumulation of 9,000 total     months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 11,000 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-203 airplanes on which      Prior to the accumulation of 15,000
 Airbus Service Bulletin A300-53-    total flight cycles, or within 3
 0297 was done prior to the          months after the effective date of
 accumulation of 8,300 total         this AD, whichever occurs later.
 flight cycles.
A300 B4-203 airplanes on which      Within 4,100 flight cycles after
 Airbus Service Bulletin A300-53-    accomplishment of Airbus Service
 0297 was done on or after the       Bulletin A300-53-0297, or within 6
 accumulation of 8,300 total         months after the effective date of
 flight cycles.                      this AD, whichever occurs later;
                                     except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 8,200 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-53-0297,
                                     within 3 months after the effective
                                     date of this AD.
A300 B4-601, B4-603, B4-605R, B4-   Prior to the accumulation of 11,500
 620, B4-622, and B4-622R            total flight cycles, or within 3
 airplanes on which Airbus Service   months after the effective date of
 Bulletin A300-57-6053 was done      this AD, whichever occurs later.
 prior to the accumulation of
 6,100 total flight cycles.
A300 B4-601, B4-603, B4-605R, B4-   Within 3,300 flight cycles after
 620, B4-622, and B4-622R            accomplishment of Airbus Service
 airplanes on which Airbus Service   Bulletin A300-57-6053, or within 6
 Bulletin A300-57-6053 was done on   months after the effective date of
 or after the accumulation of        this AD, whichever occurs later;
 6,100 total flight cycles.          except, for airplanes that, as of
                                     the effective date of this AD, have
                                     accumulated 6,600 flight cycles or
                                     more since accomplishment of Airbus
                                     Service Bulletin A300-57-6053,
                                     within 3 months after the effective
                                     date of this AD.
------------------------------------------------------------------------

     (2) Except as required by paragraph (f)(3) of this AD: If any
crack is found during the inspection required by paragraph (f)(1) of
this AD, before further flight, do a temporary or definitive repair,
as applicable, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7,
2002 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or A300-
57-6052, Revision 03, dated May 27, 2002, including Airbus Drawings
15R53810394, Issue A, dated December 21, 1998, and 21R57110247,
Issue A, dated June 20, 1997 (for Model A300 B4-601, B4-603,

B4-605R, B4-620, B4-622, and B4-622R airplanes).
    (3) If any crack found during the inspection required by
paragraph (f)(1) of this AD cannot be repaired in accordance with
Airbus Service Bulletin A300-53-0268, Revision 06, dated January 7,
2002; or A300-57-6052, Revision 03, dated May 27, 2002: Contact
Airbus for repair instructions and before further flight repair the
crack using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its delegated agent.)

    Note 2:  A repair is considered any modification that restores
the original strength of the cracked part.

    (4) Submit an inspection report in accordance with Appendix 01
of Airbus Mandatory Service Bulletin A300-53A0387, dated September
12, 2008 (for Model A300 B4-2C, B4-103, and B4-203 airplanes); or
Airbus Mandatory Service Bulletin A300-57A6108, dated September 12,
2008 (for Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and
B4-622R airplanes); to the address identified on the reporting
sheet, at the applicable time specified in paragraph (f)(4)(i) or
(f)(4)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: Although the MCAI or Airbus Service Bulletin A300-53-
0268, Revision 06, dated January 7, 2002; or A300-57-6052, Revision
03, dated May 27, 2002; allows further flight after cracks are found
during compliance with the required action, paragraph (f)(3) of this
AD requires that the cracks be repaired before further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; 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. The AMOC
approval letter must specifically reference this AD.
    (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 (44
U.S.C. 3501 et seq.), 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 EASA Airworthiness Directive 2009-0094, dated
April 21, 2009 (Correction: May 29, 2009), and the applicable
service information specified in Table 2 of this AD, for related
information.

                                      Table 2--Related Service Information
----------------------------------------------------------------------------------------------------------------
                  Document                             Revision                             Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268.......  06..........................  January 7, 2002.
Airbus Service Bulletin A300-57-6052,        03..........................  May 27, 2002.
 including Airbus Drawings 15R53810394,
 Issue A, dated December 21, 1998, and
 21R57110247, Issue A, dated June 20, 1997.
----------------------------------------------------------------------------------------------------------------

    Material Incorporated by Reference
    (i) You must use the service information contained in Table 3 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise.

                                   Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                  Document                             Revision                             Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 53A0387, including Appendices 01 and 02.
Airbus Mandatory Service Bulletin A300-      Original....................  September 12, 2008.
 57A6108, including Appendices 01 and 02.
Airbus Service Bulletin A300-53-0268.......  06..........................  January 7, 2002.
Airbus Service Bulletin A300-57-6052,        03..........................  May 27, 2002.
 including Airbus Drawings 15R53810394,
 Issue A, dated December 21, 1998, and
 21R57110247, Issue A, dated June 20, 1997.
----------------------------------------------------------------------------------------------------------------

    Airbus Service Bulletin A300-53-0268, Revision 06, dated January
7, 2002, has the following effective pages:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Page No.                                    Revision level shown on page                             Date shown on page
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-6, 9, 10, 25-27................................                                                        06   January 7, 2002.
7, 8, 11-24, 28-84...............................                                                        05   June 9, 2000.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Airbus Service Bulletin A300-57-6052, Revision 03, dated May 27,
2002, has the following effective pages:

------------------------------------------------------------------------
                               Revision level
          Page No.             shown on page       Date shown on page
------------------------------------------------------------------------
1-56........................   03............   May 27, 2002.
------------------------------------------------------------------------
                           DRAWING 15R53810394
------------------------------------------------------------------------
1-2.........................   A.............   December 21, 1998.
------------------------------------------------------------------------
                           DRAWING 21R57110247
------------------------------------------------------------------------
1-2.........................   A.............   May 28, 1997.
3-4.........................   A.............   June 20, 1997.
------------------------------------------------------------------------

    (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
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (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 March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5165 Filed 3-10-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43359-43360]
[FR Doc No: 2011-18222]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64893; File No. SR-CBOE-2011-068]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Extend Credit Option Margin Pilot Program to January 17,
2012

July 14, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 13, 2011, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``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 Exchange.
The Exchange filed the proposal as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder.\4\ 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    CBOE proposes to extend its Credit Option Pilot Program through
January 17, 2012. The text of the rule proposal is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary, 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
    On February 2, 2011, the Commission approved the Exchange's
proposal to establish a Credit Option Margin Pilot Program
(``Program'').\5\ The proposal became effective on a pilot basis to run
on a parallel track with FINRA Rule 4240 that similarly operates on an
interim pilot basis and is currently scheduled to expire on July 16,
2011.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 63819 (February 2,
2011), 76 FR 6838 (February 8, 2011) (order approving [SR-CBOE-2010-
106]). To implement the Program, the Exchange amended Rule 12.3(l),
Margin Requirements, to make CBOE's margin requirements for Credit
Options consistent with FINRA Rule 4240, Margin Requirements for
Credit Default Swaps. CBOE's Credit Options (i.e., Credit Default
Options and Credit Default Basket Options) are analogous to credit
default swaps.
    \6\ See Securities Exchange Act Release No. 63391 (November 30,
2010), 75 FR 75718 (December 10, 2010) (notice of filing for
immediate effectiveness extending FINRA Rule 4240 margin interim
pilot program to July 16, 2011).
---------------------------------------------------------------------------

    On July 11, 2011, FINRA submitted a rule proposal to, among other
things, extend the pilot program for FINRA Rule 4240 to January 17,
2012.\7\ Since CBOE's Program was approved on a pilot basis to run on a
parallel track with FINRA Rule 4240, CBOE is now currently proposing to
similarly extend the duration of the Program.
---------------------------------------------------------------------------

    \7\ See [SR-FINRA-2011-034]. In the filing, FINRA proposes to
make additional modifications to FINRA Rule 4240, which are not the
subject matter of this filing.
---------------------------------------------------------------------------

    CBOE notes for the Commission that there are currently Credit
Options listed for trading on the Exchange that have open interest. As
a result, CBOE believes that is in the public interest for the Program
to continue uninterrupted.
    In the future, if the Exchange proposes an additional extension of
the Credit Option Margin Pilot Program or proposes to make the Program
permanent, then the Exchange will submit a filing proposing such
amendments to the Program.
2. Statutory Basis
    The Exchange believes this rule proposal is consistent with the Act
and the rules and regulations under the Act applicable to a national
securities exchange and, in particular, the requirements of Section
6(b) of the Act.\8\ Specifically, the Exchange believes that the
proposed rule change is consistent with the Section 6(b)(5) Act \9\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest, and because it enhances fair competition among exchange
markets.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were 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 \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    CBOE has requested that the Commission waive the five-day pre-
filing notice requirement specified in Rule 19b-4(f)(6)(iii) under the
Act,\12\

and the 30-day operative delay, so that the proposal may become
effective immediately upon filing. The Commission waives the five-day
pre-filing notice requirement. In addition, the Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\13\ This will allow
the Program to continue without interruption and extend the benefits of
a pilot program that the Commission approved and previously extended.
Accordingly, the Commission waives the 30-day operative delay
requirement and designates the proposed rule change as operative upon
filing with the Commission.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to 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.
    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

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-CBOE-2011-068 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-CBOE-2011-068. 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 Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CBOE. 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-CBOE-2011-068 and should be
submitted on or before August 10, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-18222 Filed 7-19-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89529-89531]
[FR Doc No: 2016-29648]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79476; File No. SR-NYSEARCA-2016-159]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.46
to Modify the Web Site Data Publication Requirements Relating To the
Regulation NMS Plan To Implement a Tick Size Pilot Program

December 6, 2016.
    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 November 30, 2016, 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 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 7.46 to modify the Web site
data publication requirements relating to the Regulation NMS Plan to
Implement a Tick Size Pilot Program (``Plan''). The proposed rule
change is available on the Exchange's Web site 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On August 25, 2014, NYSE Group, Inc., on behalf of the Exchange,
New York Stock Exchange LLC, NYSE MKT LLC, the Bats BZX Exchange, Inc.
f/k/a BATS Exchange, Inc. (``BZX''), BATS BYX Exchange, Inc. f/k/a BATS
Y-Exchange, Inc. (``BYX''), Bats EDGA Exchange, Inc., Bats EDGX
Exchange, Inc., Chicago Stock Exchange, Inc., Financial Industry
Regulatory Authority, Inc. (``FINRA''), NASDAQ OMX BX, Inc., NASDAQ OMX
PHLX LLC, and the Nasdaq Stock Market LLC (collectively
``Participants'') filed with the Commission, pursuant to Section 11A of
the Act \4\ and Rule 608 of Regulation NMS thereunder,\5\ the Plan to
Implement a Tick Size Pilot Program.\6\ The Participants filed the Plan
to comply with an order issued by the Commission on June 24, 2014.\7\
The Plan was published for comment in the Federal Register on November
7, 2014, and approved by the Commission, as modified, on May 6,
2015.\8\ The Commission approved the Pilot on a two-year basis, with
implementation to begin no later than May 6, 2016.\9\ On November 6,
2015, the SEC exempted the Participants from implementing the

Pilot until October 3, 2016.\10\ Under the revised Pilot implementation
date, the Pre-Pilot data collection period commenced on April 4, 2016.
On September 13, 2016, the SEC exempted the Participants from the
requirement to fully implement the Pilot on October 3, 2016, to permit
the Participants to implement the pilot on a phased-in basis, as
described in the Participants' exemptive request.\11\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78k-1.
    \5\ 17 CFR 242.608.
    \6\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \7\ See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \8\ See Securities Exchange Act Release No. 74892 (May 6, 2015),
80 FR 27513 (May 13, 2015) (``Approval Order'').
    \9\ See Approval Order at 27533 and 27545.
    \10\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015).
    \11\ See Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Eric Swanson, EVP,
General Counsel and Secretary, Bats Global Markets, Inc., dated
September 13, 2016; see also Letter from Eric Swanson, EVP, General
Counsel and Secretary, Bats Global Markets, Inc., to Brent J.
Fields, Secretary, Commission, dated September 9, 2016.
---------------------------------------------------------------------------

    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. Each Participant is required to comply, and
to enforce compliance by its member organizations, as applicable, with
the provisions of the Plan.
    The Exchange adopted rule amendments to implement the requirements
of the Plan, including relating to the Plan's data collection
requirements and requirements relating to Web site data
publication.\12\ Specifically, with respect to the Web site data
publication requirements pursuant to Section VII and Appendices B and C
to the Plan, Rule 7.46(b)(2) provides, among other things, that the
Exchange shall make the data required by Items I and II of Appendix B
to the Plan, and collected pursuant to paragraph (b)(2) of Rule 7.46,
publicly available on the Exchange's Web site on a monthly basis at no
charge and shall not identify the Trading Center that generated the
data. Rule 7.46(b)(3)(C), provides, among other things, that the
Exchange shall make the data required by Item IV of Appendix B to the
Plan, and collected pursuant to paragraph (b)(3)(A) of Rule 7.46,
publicly available on the Exchange's Web site on a monthly basis at no
charge and shall not identify the Trading Center that generated the
data. Supplementary Material .70 to Rule 7.46 provides, among other
things, that the requirement that the Exchange or their DEA make
certain data publicly available on the Exchange's or DEA's Web site
pursuant to Appendix B and C to the Plan shall commence at the
beginning of the Pilot Period.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 77484 (March 31,
2016), 81 FR 20024 (April 4, 2016) (Immediate Effectiveness of
Proposed Rule Change Adopting Requirements for the Collection and
Transmission of Data Pursuant to Appendices B and C of Regulation
NMS Plan to Implement a Tick Size Pilot Program) (SR-NYSEARCA-2016-
52); see also Securities Exchange Act Release No. 78814 (September
12, 2016), 81 FR 63818 (September 16, 2016) (Immediate Effectiveness
of Proposed Rule Change to Amend Rule 7.46 to Modify Certain Data
Collection Requirements of the Regulation NMS Plan to Implement a
Tick Size Pilot Program) (SR-NYSEARCA-2016-124); see also Letter
from John C. Roeser, Associate Director, Division of Trading and
Markets, Commission, to Sherry Sandler, Associate General Counsel,
NYSE Arca, dated April 4, 2016.
---------------------------------------------------------------------------

    The Exchange is proposing amendments to Rule 7.46(b)(2) (regarding
Appendix B.I and B.II data) and Rule 7.46(b)(3)(C) (regarding Appendix
B.IV data), to provide that data required to be made available on the
Exchange's Web site be published within 120 calendar days following
month end. In addition, the proposed amendments to Supplementary
Material .70 to Rule 7.46 would provide that, notwithstanding the
provisions of paragraphs (b)(2), (b)(3)(C) and (b)(5), the Exchange
shall make data for the Pre-Pilot period publicly available on the
Exchange's or DEA's Web site pursuant to Appendix B and C to the Plan
by February 28, 2017.\13\
---------------------------------------------------------------------------

    \13\ With respect to data for the Pilot Period, the requirement
that the Exchange or their DEA make data publicly available on the
Exchange's or DEA's Web site pursuant to Appendix B and C to the
Plan shall continue to commence at the beginning of the Pilot
Period. Thus, the first Web site publication date for Pilot Period
data (covering October 2016) would be published on the Exchange's or
DEA's Web site by February 28, 2017, which is 120 days following the
end of October 2016.
---------------------------------------------------------------------------

    The purpose of delaying the publication of the Web site data is to
address confidentiality concerns by providing for the passage of
additional time between the market information reflected in the data
and the public availability of such information.\14\
---------------------------------------------------------------------------

    \14\ See supra note 10.
---------------------------------------------------------------------------

    The proposed rule change also will provide that, with respect to
Appendix C data, The Corporation, as DEA, shall collect the data
required by Item I of Appendix C to the Plan for those ETP Holders that
are Market Makers for which the Corporation is DEA, and on a monthly
basis transmit such data, categorized by the Control Group and each
Test Group, to the SEC in a pipe delimited format. The Corporation, as
DEA, shall also make the data collected pursuant to subparagraph (4) of
Rule 7.46(b) available to FINRA for aggregation and publication,
categorized by the Control Group and each Test Group, on the FINRA Web
site pursuant to FINRA Rules.\15\ The Corporation is proposing such an
amendment in order to add a provision in its rules to comply with such
requirement and provision in the Plan.\16\
---------------------------------------------------------------------------

    \15\ FINRA will make this data publicly available on the FINRA
Web site within 120 calendar days following month end at no charge
and will not identify the Market Makers that generated the data or
the individual securities. See FINRA Rule 6191(b)(4).
    \16\ See Section VII of the Plan.
---------------------------------------------------------------------------

    Finally, the Corporation is proposing an amendment to Rule
7.46(b)(5) (regarding data described in Item III of Appendix B) to add
a provision identical to Rule 7.46(b)(2) (as amended above pursuant to
the proposed changes described above to such Rule), which shall require
the Corporation to make the data described in Item III of Appendix B
publicly available on the Corporation Web site within 120 calendar days
following month end at no charge and shall not identify the ETP Holder
that generated the data. The Corporation is proposing such an amendment
in order to add a provision in its rules to comply with such
requirement and provision in the Plan.\17\
---------------------------------------------------------------------------

    \17\ See supra note 14.
---------------------------------------------------------------------------

    As noted in Item 2 of this filing, the Exchange has filed the
proposed rule change for immediate effectiveness and has requested that
the Commission waive the 30-day operative delay. If the Commission
waives the 30-day operative delay, the operative date of the proposed
rule change will be the date of filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\18\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\19\ in particular, in that it is 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that this proposal is consistent with the Act
because it is designed to assist the Participants in meeting their
regulatory obligations pursuant to the Plan and is in furtherance of
the objectives of the Plan, as identified by the SEC. The Exchange
believes that the instant proposal is consistent with the Act in that
it is designed to address confidentiality concerns by permitting the
Exchange to delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the public availability of such information.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that the proposed rule change implements the provisions of the
Plan, and is designed to assist the Participants in meeting their
regulatory obligations pursuant to the Plan.
    The proposal is intended to address confidentiality concerns that
may adversely impact competition, especially for Pilot Securities that
may have a relatively small number of designated Market Makers, by
permitting the Exchange to delay Web site publication to provide for
passage of additional time between the market information reflected in
the data and the public availability of such information. The Exchange
notes that the proposal does not alter the information required to be
submitted to the SEC.

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) \20\ of the Act and Rule 19b-
4(f)(6) thereunder.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has filed
the proposed rule change for immediate effectiveness and has requested
that the Commission waive the requirement that the proposed rule change
not become operative for 30 days after the date of the filing so that
it may become operative immediately.
---------------------------------------------------------------------------

    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Participants in
meeting their regulatory obligations pursuant to the Plan. The proposal
is intended to address confidentiality concerns by permitting the
Exchange to delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the public availability of such information. The proposal also does
not alter the information required to be submitted to the SEC.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement proposed changes that
are intended to address confidentiality concerns. The Commission notes
that some Pilot data was scheduled to be published on November 30,
2016. Therefore, the Commission hereby waives the 30-day operative
delay and designates the proposed rule change to be operative as of
November 30, 2016.\24\
---------------------------------------------------------------------------

    \24\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\25\ If the
Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-159 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-159. 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 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 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; 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-NYSEArca-2016-159, and
should be submitted on or before January 3, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-29648 Filed 12-9-16; 8:45 am]
 BILLING CODE 8011-01-P