[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80028-80031]
[FR Doc No: 2022-28386]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1657; Project Identifier AD-2022-01475-T;
Amendment 39-22292; AD 2022-27-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400 and 747-8 series airplanes.
This AD was prompted by reports of wear-through of the motor impeller
inlet adapter of a transfer pump for the horizontal stabilizer fuel
tank caused by contact between the pump inlet check valve and the inlet
adapter. This AD requires inspecting for wear of the motor impeller
inlet check valves and inlet adapters of the transfer pumps for the
horizontal stabilizer fuel tank and doing corrective actions, if
necessary. This AD also limits the installation of affected parts. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 13, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2023.
    The FAA must receive comments on this AD by February 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1657; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this referenced service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2022-1657.

FOR FURTHER INFORMATION CONTACT: Samuel Dorsey, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2022-1657 and Project Identifier AD-
2022-01475-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Samuel
Dorsey, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-
3415; email: [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA has received reports indicating wear-through of the motor
impeller inlet adapter of the horizontal stabilizer fuel tank transfer
pumps (also referred to as a transfer/jettison pump or override/
jettison pump). These reports were received following troubleshooting
of fuel imbalance issues involving the main wing fuel tanks, which
utilize the same pump design as the horizontal stabilizer fuel tank.
    Boeing investigations have found two pumps with wear sufficient to
allow contact between the motor impeller inlet check valve flapper and
the pump inducer. An additional 22 worn pumps have been identified.
Investigations have shown that oscillations within the fuel flow around
the pumps can cause the inlet check valve to vibrate as it is held
spring-loaded against the inlet adapter of the pump. Undetected or
unmitigated wear could allow the flapper of the inlet check valve to
contact the rotating motor inducer, creating steel-on-steel contact.
There is a period of operation during each flight with a fueled
horizontal stabilizer fuel tank where the pump will run dry for a short
period before the flightcrew is alerted to shut it down, or the pump is
automatically shut off. During this dry run period, if the wear on the
inlet adapter is severe enough, the steel-on-steel contact can cause a
source of heat and/or sparking within the fuel tank. This condition, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane. The FAA is issuing this
AD to address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe

condition described previously is likely to exist or develop in other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Multiple Operator Message MOM-MOM-22-0549-
01B(R1), dated November 29, 2022. This service information specifies
procedures for one-time detailed visual inspections for wear (hinge pin
protrusion, gouging, missing material, corrosion, burrs, and raised
material) of the motor impeller inlet adapters and inlet check valves
of the horizontal stabilizer fuel tank transfer pumps. This service
information also specifies replacing certain inlet check valves and
inlet adapters with serviceable parts and reporting inspection results
to Boeing. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information already described. This AD also limits the installation of
affected parts.

Interim Action

    This AD is considered to be interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the wear-through,
and eventually to develop final action to address the unsafe condition.
Further, the main and center wing tanks utilize the same pump design
but are currently not subject to the same unsafe condition due to the
shutoff logic of the transfer pumps. However, if that should change or
once final action has been identified, the FAA might consider further
rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because wear-through of the motor impeller inlet adapter of a transfer
pump for the horizontal stabilizer fuel tank may allow the pump's inlet
check valve to contact the rotating pump inducer. During the 15-second
dry run period experienced every flight with a fueled horizontal
stabilizer tank, the steel-on-steel contact can cause a source of heat
and/or sparking (an ignition source) within the fuel tank. This contact
in combination with flammable fuel vapors, if not addressed, could
result in an explosion in the fuel tank and consequent loss of the
airplane. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 28 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections of motor impeller inlet     12 work-hours x $85 per               $0          $1,020         $28,560
 adapter and inlet check valve (left     hour = $1,020.
 and right transfer pumps).
Reporting.............................  1 work-hour x $85 per                  0              85           2,380
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace motor impeller inlet adapter..........  4 work-hours x $85 per hour =             $1,000          $1,340
                                                 $340.
Replace motor impeller inlet check valve......  17 work-hours x $85 per hour =          * 20,000          21,445
                                                 $1,445.
----------------------------------------------------------------------------------------------------------------
* Boeing has indicated that the motor impeller inlet check valve is not currently available as a standalone
  part; this cost is for the pump housing, which contains the motor impeller inlet check valve. Boeing has
  indicated that it is working with the part supplier to make the motor impeller inlet check valve available as
  a standalone part.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-27-07 The Boeing Company: Amendment 39-22292; Docket No. FAA-
2022-1657; Project Identifier AD-2022-01475-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and 747-8
series airplanes, certificated in any category, equipped with an
activated horizontal stabilizer fuel tank.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of wear-through of the motor
impeller inlet adapter of the horizontal stabilizer fuel tank
transfer pump caused by contact between the motor impeller inlet
check valve and the inlet adapter. The FAA is issuing this AD to
address the development of an ignition source within the horizontal
stabilizer fuel tank resulting from wear to the motor impeller inlet
check valves and inlet adapters of the horizontal stabilizer fuel
tank transfer pumps. This condition, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent
loss of the airplane.

(f) Compliance

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

(g) Definitions

    (1) A ``serviceable'' inlet adapter is an inlet adapter of the
motor impeller assembly for which any missing material does not
exceed 0.20 inch in the pump axial direction.
    (2) A ``serviceable'' inlet check valve is an inlet check valve
for which the hinge pin protrudes past the flapper arm on both sides
and there is no metal disk gouging, missing material, corrosion,
burrs, or raised material. Minor surface scratches, defects, or
appearances of surface wear are acceptable.
    (3) A horizontal stabilizer tank is considered to be
``activated'' if it is not deactivated by an approved alteration.

(h) Inspection and Corrective Action: Inlet Check Valve

    Within 90 days after the effective date of this AD: Do a
detailed visual inspection of the inlet check valve in the left and
right transfer pump housing for hinge pin protrusion, gouging,
missing material, corrosion, burrs, and raised material, in
accordance with paragraph C., Work Instructions, Attachment A,
Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated
November 29, 2022.
    (1) Condition 1: If the hinge pin does not protrude past the
flapper arm on one side, or if any gouging, missing material,
corrosion, burrs, or raised material is found on the inlet check
valve, do the actions required by paragraphs (h)(1)(i) and (ii) of
this AD.
    (i) Report inspection findings in accordance with paragraph (j)
of this AD.
    (ii) Prior to further flight, replace the inlet check valve or
transfer pump housing with a serviceable inlet check valve or
transfer pump housing containing a serviceable inlet check valve, in
accordance with paragraph C., Work Instructions, Attachment A,
Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated
November 29, 2022.
    (2) Condition 2: If the hinge pin does protrude past the flapper
arm on both sides, and no gouging, missing material, corrosion,
burrs, or raised material is found, report inspection findings in
accordance with paragraph (j) of this AD.

(i) Inspection and Corrective Action: Transfer Pump Motor Impeller
Inlet Adapter

    Within 90 days after the effective date of this AD: Do a
detailed visual inspection of the transfer pump motor impeller inlet
adapter for wear (missing material), in accordance with paragraph
D., Work Instructions, Attachment A, Boeing Multiple Operator
Message MOM-MOM-22-0549-01B(R1), dated November 29, 2022.
    (1) Condition 1: If any wear is found that is 0.20 inch or less,
report inspection findings in accordance with paragraph (j) of this
AD.
    (2) Condition 2: If any wear is found that is greater than 0.20
inch, do the actions required by paragraphs (i)(2)(i) and (ii) of
this AD.
    (i) Report inspection findings in accordance with paragraph (j)
of this AD.
    (ii) Before further flight, replace the transfer pump motor
impeller with a transfer pump motor impeller having a serviceable
inlet adapter, in accordance with paragraph D., Work Instructions,
Attachment A, Boeing

Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated November
29, 2022.

(j) Reporting Inspection Results

    At the applicable time specified in paragraph (j)(1) or (2) of
this AD, submit a report of all findings of the inspections required
by paragraphs (h) and (i) of this AD, in accordance with paragraph
G. and Appendix A, Attachment A, Boeing Multiple Operator Message
MOM-MOM-22-0549-01B(R1), dated November 29, 2022.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) 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.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on
any airplane, any transfer pump motor impeller inlet adapter or
inlet check valve (or assembly containing either) for the horizontal
stabilizer fuel tank, unless the affected part has been inspected as
specified in paragraph (h) or (i) of this AD, as applicable, and
been determined to be a serviceable part as defined in paragraph
(g)(1) or (2) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using Boeing Multiple Operator
Message MOM-MOM-22-0549-01B, dated November 21, 2022.

(m) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
actions required by this AD can be performed, provided the
horizontal stabilizer fuel tank is defueled and both transfer pump
circuit breakers are locked in the ``open'' position.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (o)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(o) Related Information

    (1) For more information about this AD, contact Samuel Dorsey,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone:<PHONE_NUMBER>;
email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(3) and (4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1),
dated November 29, 2022.
    (ii) [Reserved]
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28386 Filed 12-23-22; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62909-62911]
[FR Doc No: 2013-24682]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70692; File No. SR-CBOE-2013-098]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Continuing Education

October 16, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 4, 2013, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') 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 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\
which

renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    The Exchange proposes to correct an administrative error in Rule
9.3A(c)(1) and add a reference to CBOE Rule 9.3A to the CBOE Stock
Exchange, LLC (``CBSX'') Appendix A. The text of the proposed rule
change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to make an administrative change to correct
an inadvertent error in Exchange Rule 9.3A(c)(1). The Exchange proposes
to make the proposed change so the text properly reflects the intention
and practice of Rule 9.3A(c)(1). The Exchange also proposes to add a
reference to CBOE Rule 9.3A to CBSX Appendix A. The Exchange believes
that adding the reference to CBOE Rule 9.3A to CBSX Appendix A will
more clearly put CBSX Trading Permit Holders (``TPHs'') on notice of
their continuing education requirements.
    In 2003, the Exchange filed a rule change, SR-CBOE-2003-01 to,
among other things, amend CBOE's continuing education rule.\5\ As part
of that filing, a new paragraph (b) was added to Exchange Rule 9.3A,
and the then current paragraph (b) was renumbered to paragraph (c).\6\
In doing so, an inadvertent error was made in a reference to paragraph
(b) in the new Rule 9.3A(c)(1). The error can be found in the first
sentence of current CBOE Rule 9.3A(c)(1). A reference is made to
``paragraph (b)''; however, the intended reference is to ``paragraph
(c).''
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 47188 (January 17,
2003), 68 FR 3071 (January 22, 2003) (notice of [sic] immediate
effectiveness of SR-CBOE-2003-01 which permitted the in-house
delivery of the Regulatory Element of Continuing Education by member
organizations).
    \6\ Id.
---------------------------------------------------------------------------

    The intention of CBOE Rule 9.3A is to discuss the register [sic]
persons subject to the Firm Element of the continuing education
program. This intention is spelled out in the title of the paragraph
which is, ``Persons Subject to the Firm Element.'' This intention is
more explicitly spelled out in SR-CBOE-2003-01. More specifically, the
filing states that the Firm Element requires, ``member and member
organizations to provide to their registered employees having direct
contact with customers ongoing training that is specifically tailored
to their business.'' \7\ The Firm Element is described in paragraph (c)
of current CBOE Rule 9.3A and not paragraph (b). Thus, the Exchange is
now proposing to amend this error to more accurately describe the
intention and practice of the rule.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

    Finally, the Exchange is proposing to add a reference to Rule 9.3A
to CBSX Appendix A. CBSX Appendix A to Chapters 50 through 54 lists the
rules in Chapters 1 through 29 that are applicable to trading on
CBSX.\8\ CBOE Rule 9.3A is applicable to CBSX members as well as
outlined in current CBOE Rule 6.3A [sic] as incorporated into Appendix
A. As such, CBOE Rule 3.6A.04 states that each individual registered
under CBOE Rule 3.6A ``is required to satisfy the continuing education
requirements set forth in Rule 9.3A and any other applicable continuing
education requirements as prescribed by the Exchange.'' \9\ Thus, CBSX
members are already on notice of their continuing education
requirements under CBOE Rule 9.3A. To make these requirements more
explicit, however, the Exchange is proposing to add a reference to CBOE
Rule 9.3A in CBSX Appendix A. The Exchange believes this change will
more clearly spell out continuing education requirements for CBSX
registered persons.
---------------------------------------------------------------------------

    \8\ See Introduction to CBSX Rules, Chapters 50 through 54.
    \9\ See CBOE Rule 3.6A.04.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5)\12\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

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

    Specifically, the proposed rule change is consistent with these
provisions as it will more accurately describe the practice of the
Exchange in the Exchange Rulebook. The same registered persons will be
subject to the Firm Element of the continuing education requirements,
and, thus, the current practices of the Exchange will remain the same.
The Exchange believes the proposed rule change is necessary to
accurately describe to the continuing education requirements for
Exchange Trading Permit Holders. In addition, the Exchange believes
that adding a reference to Rule 9.3A to CBSX Appendix A will more
sufficiently put participants on CBSX of their continuing education
requirements.

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 that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed rule change imposes any burden on intramarket competition
because it applies to all Trading Permit Holders. Additionally, the
Exchange does not believe the proposed rule change will impose any
burden on intermarket competition as it merely attempting to correct a
typographical error and add an additional cross reference. There will
be

no substantive changes to the Exchange's operations nor its rules.

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

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

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\13\ and Rule 19b-4(f)(6) thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission notes that the rule change raises no
novel issues. It corrects an inaccurate cross reference in Rule 9.3A
and would more clearly set forth the continuing education requirements
for associated persons of CBSX Trading Permit Holders. Waiver of the
operative delay would be beneficial to associated persons of member
firms by making the existing requirements clearer. Therefore, the
Commission designates the proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of this 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-098 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-2013-098. 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, on official
business days between the hours of 10:00 a.m. and 3:00 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-2013-098 and should be submitted on or before
November 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24682 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Notices]
[Pages 1833-1835]
[FR Doc No: 2020-00306]

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

SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-10740; 34-87905; IA-5428; IC-33740]

Adjustments to Civil Monetary Penalty Amounts

AGENCY: Securities and Exchange Commission.

ACTION: Notice of annual inflation adjustment of civil monetary
penalties.

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

SUMMARY: The Securities and Exchange Commission (the ``Commission'') is
publishing this notice (the ``Notice'') pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (the ``2015
Act''). This Act requires all agencies to annually adjust for inflation
the civil monetary penalties that can be imposed under the statutes
administered by the agency and publish the adjusted amounts in the
Federal Register. This Notice sets forth the annual inflation
adjustment of the maximum amount of civil monetary penalties (``CMPs'')
administered by the Commission under the Securities Act of 1933, the
Securities Exchange Act of 1934 (the ``Exchange Act''), the Investment
Company Act of 1940, the Investment Advisers Act of 1940, and certain
penalties under the Sarbanes-Oxley Act of 2002. These amounts are
effective beginning on January 15, 2020, and will apply to all
penalties imposed after that date for violations of the aforementioned
statutes that occurred after November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Stephen M. Ng, Senior Special Counsel,
Office of the General Counsel, at<PHONE_NUMBER>, or Hannah W. Riedel,
Senior Counsel, Office of the General Counsel, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    This Notice is being published pursuant to the 2015 Act,\1\ which
amended the Federal Civil Penalties Inflation Adjustment Act of 1990
(the ``Inflation Adjustment Act'').\2\ The Inflation Adjustment Act
previously had been amended by the Debt Collection Improvement Act of
1996 (the ``DCIA'') \3\ to require that each federal agency adopt
regulations at least once every four years that adjust for inflation
the CMPs that can be imposed under the statutes administered by the
agency. Pursuant to this requirement, the Commission previously adopted
regulations in 1996, 2001, 2005, 2009, and 2013 to adjust the maximum
amount of the CMPs that could be imposed under the statutes the
Commission administers.\4\
---------------------------------------------------------------------------

    \1\ Public Law 114-74 Sec. 701, 129 Stat. 599-601 (Nov. 2,
2015), codified at 28 U.S.C. 2461 note.
    \2\ Public Law 101-410, 104 Stat. 890-892 (1990), codified at 28
U.S.C. 2461 note.
    \3\ Public Law 104-134, Title III, Sec.  31001(s)(1), 110 Stat.
1321-373 (1996), codified at 28 U.S.C. 2461 note.
    \4\ See Release Nos. 33-7361, 34-37912, IA-1596, IC-22310, dated
November 1, 1996 (effective December 9, 1996), previously found at
17 CFR 201.1001 and Table I to Subpart E of Part 201; Release Nos.
33-7946, 34-43897, IA-1921, IC-24846, dated January 31, 2001
(effective February 2, 2001), previously found at 17 CFR 201.1002
and Table II to Subpart E of Part 201; Release Nos. 33-8530, 34-
51136, IA-2348, IC-26748, dated February 9, 2005 (effective February
14, 2005), previously found at 17 CFR 201.1003 and Table III to
Subpart E of Part 201; Release Nos. 33-9009, 34-59449, IA-2845, IC-
28635, dated February 25, 2009 (effective March 3, 2009), previously
found at 17 CFR 201.1004 and Table IV to Subpart E of Part 201; and
Release Nos. 33-9387, 34-68994, IA-3557, IC-30408, dated February
27, 2013 (effective March 5, 2013), previously found at 17 CFR
201.1005 and Table V to Subpart E of Part 201. The penalty amounts
contained in these releases have now been consolidated into Table I
to 17 CFR 201.1001.
---------------------------------------------------------------------------

    The 2015 Act replaces the inflation adjustment formula prescribed
in the DCIA with a new formula for calculating the inflation-adjusted
amount of CMPs. The 2015 Act requires that agencies use this new
formula to re-calculate the inflation-adjusted amounts of the penalties
they administer on an annual basis and publish these new amounts in the
Federal Register by January 15 of each year.\5\ The Commission
previously published the first annual adjustment required by the 2015
Act on January 6, 2017 (the ``2017 Adjustment'').\6\ As part of the
2017 Adjustment, the Commission promulgated 17 CFR 201.1001(a) and
Table I to Subsection 1001, which lists the penalty amounts for all
violations that occurred on or before November 2, 2015. For violations
occurring after November 2, 2015, Subsection 1001(b) provides that the
applicable penalty amounts will be adjusted annually based on the
formula set forth in the 2015 Act. Subsection 1001(b) further provides
that these adjusted amounts will be published in the Federal Register
and on the Commission's website. The Commission subsequently published
annual adjustments on January 8, 2018 (the ``2018 Adjustment'') \7\ and
February 20, 2019 (``2019 Adjustment'').\8\
---------------------------------------------------------------------------

    \5\ 28 U.S.C. 2461 note Sec. 4.
    \6\ Release Nos. 33-10276; 34-79749; IA-4599; IC-32414
(effective Jan. 18, 2017).
    \7\ Release Nos. 33-10451; 34-82455; IA-4842; IC-32963
(effective Jan. 15, 2018).
    \8\ Release Nos. 33-10604; 34-85118; IA-5111; IC-33373
(effective Jan. 15, 2019). The publication of the 2019 Adjustment in
the Federal Register was delayed due to operation of the
Antideficiency Act during the absence of an appropriations bill to
fund federal government programs between December 22, 2018 and
January 25, 2019.
---------------------------------------------------------------------------

    A CMP is defined in relevant part as any penalty, fine, or other
sanction that: (1) Is for a specific amount, or has a maximum amount,
as provided by federal law; and (2) is assessed or enforced by an
agency in an administrative proceeding or by a federal court pursuant
to federal law.\9\ This definition applies to the monetary penalty
provisions contained in four statutes administered by the Commission:
The Securities Act, the Exchange Act, the Investment Company Act, and
the Investment Advisers Act. In addition, the Sarbanes-Oxley Act
provides the Public Company Accounting Oversight Board (the ``PCAOB'')
authority to levy civil monetary penalties in its disciplinary
proceedings pursuant to 15 U.S.C. 7215(c)(4)(D).\10\ The definition of
a CMP in the Inflation Adjustment Act encompasses such civil monetary
penalties.\11\
---------------------------------------------------------------------------

    \9\ 28 U.S.C. 2461 note Sec. 3(2).
    \10\ 15 U.S.C. 7215(c)(4)(D).
    \11\ The Commission may by order affirm, modify, remand, or set
aside sanctions, including civil monetary penalties, imposed by the
PCAOB. See Section 107(c) of the Sarbanes-Oxley Act of 2002, 15
U.S.C. 7217. The Commission may enforce such orders in federal
district court pursuant to Section 21(e) of the Exchange Act. As a
result, penalties assessed by the PCAOB in its disciplinary
proceedings are penalties ``enforced'' by the Commission for
purposes of the Inflation Adjustment Act. See Adjustments to Civil
Monetary Penalty Amounts, Release No. 33-8530 (Feb. 4, 2005) [70 FR
7606 (Feb. 14, 2005)].
---------------------------------------------------------------------------

II. Adjusting the Commission's Penalty Amounts for Inflation

    This Notice sets forth the annual inflation adjustment required by
the 2015 Act for all CMPs under the Securities Act, the Exchange Act,
the Investment Company Act, and the Investment Advisers Act, and
certain civil monetary penalties under the Sarbanes-Oxley Act.
    Pursuant to the 2015 Act, the penalty amounts in the 2019
Adjustment are adjusted for inflation by increasing them by the
percentage change between the Consumer Price Index for all Urban
Consumers (``CPI-U'') for October 2018

and the October 2019 CPI-U.\12\ OMB has provided its calculation of
this multiplier (the ``CPI-U Multiplier'') to agencies.\13\ The new
penalty amounts are determined by multiplying the amounts in the 2019
Adjustment by the CPI-U Multiplier and then rounding to the nearest
dollar.
---------------------------------------------------------------------------

    \12\ 28 U.S.C. 2461 note Sec. 5.
    \13\ Office of Management and Budget, Implementation of Penalty
Inflation Adjustments for 2020, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015
(December 16, 2019), available at https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf. This multiplier represents the
percentage increase between the October 2018 CPI-U and the October
2019 CPI-U, plus 1.
---------------------------------------------------------------------------

    For example, the CMP for certain insider trading violations by
controlling persons under Exchange Act Section 21A(a)(3) \14\ was
readjusted for inflation as part of the 2019 Adjustment to $2,103,861.
To determine the new CMP under this provision, the Commission
multiplies this amount by the CPI-U Multiplier of 1.01764, and rounds
to the nearest dollar. Thus, the new CMP for Exchange Act Section
21A(a)(3) is $2,140,973.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78u-1(a)(3).
---------------------------------------------------------------------------

    Below is the Commission's calculation of the new penalty amounts
for the penalties it administers:

----------------------------------------------------------------------------------------------------------------
                                                                       2019
                                        Civil monetary penalty      Adjustment         CPI-U       2020 Adjusted
         U.S. code citation                  description              penalty       multiplier        penalty
                                                                      amounts                         amounts
----------------------------------------------------------------------------------------------------------------
15 U.S.C. 77h-1(g) (Securities Act   For natural person.........          $8,671         1.01764          $8,824
 Sec. 8A(g)).
                                     For any other person.......          86,718         1.01764          88,248
                                     For natural person/fraud...          86,718         1.01764          88,248
                                     For any other person/fraud.         433,591         1.01764         441,240
                                     For natural person/fraud/           173,437         1.01764         176,496
                                      substantial losses or risk
                                      of losses to others or
                                      gains to self.
                                     For any other person/fraud/         838,275         1.01764         853,062
                                      substantial losses or risk
                                      of losses to others or
                                      gain to self.
15 U.S.C. 77t(d) (Securities Act     For natural person.........           9,472         1.01764           9,639
 Sec. 20(d)).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384
                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others.
15 U.S.C. 78u(d)(3) (Exchange Act    For natural person.........           9,472         1.01764           9,639
 Sec. 21(d)(3)).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384
                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others or
                                      gains to self.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others or
                                      gain to self.
15 U.S.C. 78u-1(a)(3) (Exchange Act  Insider Trading--                 2,103,861         1.01764       2,140,973
 Sec. 21A(a)(3)).                     controlling person.
15 U.S.C. 78u-2 (Exchange Act Sec.   For natural person.........           9,472         1.01764           9,639
 21B).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384
                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others.
15 U.S.C. 78ff(b) (Exchange Act      Exchange Act/failure to                 559         1.01764             569
 Sec. 32(b)).                         file information
                                      documents, reports.
15 U.S.C. 78ff(c)(1)(B) (Exchange    Foreign Corrupt Practices--          21,039         1.01764          21,410
 Act Sec. 32(c)(1)(B)).               any issuer.
15 U.S.C. 78ff(c)(2)(B) (Exchange    Foreign Corrupt Practices--          21,039         1.01764          21,410
 Act Sec. 32(c)(2)(B)).               any agent or stockholder
                                      acting on behalf of issuer.
15 U.S.C. 80a-9(d) (Investment       For natural person.........           9,472         1.01764           9,639
 Company Act Sec. 9(d)).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384
                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others or
                                      gains to self.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others or
                                      gain to self.
15 U.S.C. 80a-41(e) (Investment      For natural person.........           9,472         1.01764           9,639
 Company Act Sec. 42(e)).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384

                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others.
15 U.S.C. 80b-3(i) (Investment       For natural person.........           9,472         1.01764           9,639
 Advisers Act Sec. 203(i)).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384
                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others or
                                      gains to self.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others or
                                      gain to self.
15 U.S.C. 80b-9(e) (Investment       For natural person.........           9,472         1.01764           9,639
 Advisers Act Sec. 209(e)).
                                     For any other person.......          94,713         1.01764          96,384
                                     For natural person/fraud...          94,713         1.01764          96,384
                                     For any other person/fraud.         473,566         1.01764         481,920
                                     For natural person/fraud/           189,427         1.01764         192,768
                                      substantial losses or risk
                                      of losses to others.
                                     For any other person/fraud/         947,130         1.01764         963,837
                                      substantial losses or risk
                                      of losses to others.
15 U.S.C. 7215(c)(4)(D)(i)           For natural person.........         139,483         1.01764         141,943
 (Sarbanes-Oxley Act Sec.
 105(c)(4)(D)(i)).
                                     For any other person.......       2,789,675         1.01764       2,838,885
15 U.S.C. 7215(c)(4)(D)(ii)          For natural person.........       1,046,128         1.01764       1,064,582
 (Sarbanes-Oxley Act Sec.
 105(c)(4)(D)(ii)).
                                     For any other person.......      20,922,558         1.01764      21,291,632
----------------------------------------------------------------------------------------------------------------

    Pursuant to the 2015 Act and 17 CFR 201.1001, the adjusted penalty
amounts in this Notice (and all penalty adjustments performed pursuant
to the 2015 Act) apply to penalties imposed after the date the
adjustment is effective for violations that occurred after November 2,
2015, the 2015 Act's enactment date. These penalty amounts supersede
the amounts in the 2018 Adjustment.\15\ For violations that occurred on
or before November 2, 2015, the penalty amounts in Table I to 17 CFR
201.1001 continue to apply.\16\
---------------------------------------------------------------------------

    \15\ The penalty amounts in this Notice are being published in
the Federal Register and will not be added to the Code of Federal
Regulations in accordance with the 2015 Act and 17 CFR 201.1001(b).
See 28 U.S.C. 2461 note Sec. 4(a)(2); 17 CFR 201.1001(b). In
addition to being published in the Federal Register, the penalty
amounts in this Notice will be made available on the Commission's
website at https://www.sec.gov/enforce/civil-penalties-inflation-adjustments.htm, as detailed in 17 CFR 201.1001(b). This website
also lists the penalty amounts for violations that occurred on or
before November 2, 2015.
    \16\ 17 CFR 201.1001(a).

---------------------------------------------------------------------------
    By the Commission.

    Dated: January 8, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-00306 Filed 1-10-20; 8:45 am]
 BILLING CODE 8011-01-P


 Forwarded by Deborah Nagle/ DC/ USEPA/ US on 12/ 30/ 2002 05: 31 PM  " Kimball, Gary" < Gary. Kimball@ state. mn. us> 12/ 26/ 2002 11: 23 AM To: Deborah Nagle/ DC/ USEPA/ US@ EPA Subject: FW: 316( b) Help needed  From Deborah Nagle Deb,

Minnesota would answer that it does not consider entrainment survival ( answer 1).

 Original Message From: Howe. Peter@ epamail. epa. gov [ mailto: Howe. Peter@ epamail. epa. gov] Sent: Tuesday, December 17, 2002 1: 42 PM To: LBRIDGES@ DEM. STATE. IN. US; Mike. McCullough@ epa. state. oh. us; Michael. Wenholz@ dnr. state. wi. us; Bob. Mosher@ epa. state. il. us; Gary. Kimball@ state. mn. us Cc: Wall. Tom@ epamail. epa. gov; Nagle. Deborah@ epamail. epa. gov Subject: 316( b) Help needed  From Deborah Nagle Gentlemen, would you please answer Deb's questions listed in her E Mail attached below related to 316( b) entrainment for your State or refer it to those in your State agency who is responsible for this issue. You can just reply to this message. THANKS.

 Forwarded by Peter Howe/ R5/ USEPA/ US on 12/ 17/ 02 01: 32 PM

316b < 316b@ tetratech f fx. com> Sent: 12/ 16/ 2002 04: 04 PM To: Bruce Kent/ P2/ R8/ USEPA/ US@ EPA, Caroline Ejimofor/ R4/ USEPA/ US@ EPA, Ericp Nelson/ R1/ USEPA/ US@ EPA, Evelyn MacKnight/ R3/ USEPA/ US@ EPA, Isaac Chen/ R6/ USEPA/ US@ EPA, John Dunn/ WWPD/ R7/ USEPA/ US@ EPA, Karrie Jo Shell/ R4/ USEPA/ US@ EPA, Terry Oda/ R9/ USEPA/ US@ EPA, Larry Merrill/ R3/ USEPA/ US@ EPA, Mark Stein/ R1/ USEPA/ US@ EPA, Moses Chang/ R2/ USEPA/ US@ EPA, Paulette Johnsey/ R6/ USEPA/ US@ EPA, Peter Howe/ R5/ USEPA/ US@ EPA, Phil Colarusso/ R1/ USEPA/ US@ EPA, Philip Sweeney/ R2/ USEPA/ US@ EPA, Robyn Stuber/ R9/ USEPA/ US@ EPA cc: Tom Wall/ DC/ USEPA/ US@ EPA, Deborah Nagle/ DC/ USEPA/ US@ EPA Subject: 316( b) Help needed  From Deborah Nagle I need some help from the field, concerning entrainment survival. We have been reviewing and critiqueing multiple entrainment survival studies for the 316( b) Phase II NODA. It is very important for us to know if States consider entrainment survival when making 316( b) determinations. For each State in your Region, I need you to apply one of the answers below:

ANSWERS 1. Does not consider entrainment survival at all 2. Assumes entrainment survival is 0% ( 100% mortality) 3. Assumes entrainment survival is X% ( fill in the number for X)

I need this information quickly this week if possible. Send partial information instead of waiting until you have information for all your states. Thanks for your help.

 Deborah