[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13861-13864]
[FR Doc No: 2016-05751]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77330; File No. SR-BATS-2016-26]

Self-Regulatory Organizations; Bats BZX Exchange, Inc. f/k/a BATS
Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

March 9, 2016.
    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 March 1, 2016, Bats BZX Exchange, Inc. f/k/a BATS Exchange,
Inc. (the ``Exchange'' or ``BZX'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
by the Exchange. The Exchange has designated the proposed rule change
as one establishing or changing a member due, fee, or other charge
imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule
change effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 parts 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 modify its fee schedule applicable to the
Exchange's options platform to: (i) Modify the standard fees for both

Customer \6\ and Non-Customer \7\ orders that remove liquidity in Non-
Penny Pilot Securities; \8\ (ii) modify the standard fees for Customer
orders that remove liquidity in Penny Pilot Securities; \9\ (iii) amend
the criteria necessary to meet and the rebate associated with the
Customer Add Volume Tier 4; (iv) amend the criteria necessary to meet
the Customer Step-Up Volume Tier; (v) add a new footnote 12 entitled
Customer Non-Penny Pilot Add Volume Tier; and (vi) add a new Non-
Customer Take Volume Tier under footnote 3.
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    \6\ As defined in the Exchange's fee schedule available at
http://www.batsoptions.com/support/fee_schedule/bzx/.
    \7\ Id.
    \8\ Id.
    \9\ Id.
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Removing Liquidity in Non-Penny Pilot Securities
    The Exchange is proposing to modify the standard fees for both
Customer and Non-Customer orders that remove liquidity in Non-Penny
Pilot Securities under fee codes NC and NP, respectively. Specifically,
the Exchange is proposing to increase the standard fee for Customer
orders that remove liquidity in Non-Penny Pilot Securities under fee
code NC from $0.84 to $0.85 per contract and the standard fee for Non-
Customer orders that remove liquidity in Non-Penny Pilot Securities
under fee code NP from $0.89 to $0.94 per contract.
Customer Orders That Remove Liquidity in Penny Pilot Securities
    The Exchange is proposing to modify the standard fees for Customer
orders that remove liquidity in Penny Pilot Securities under fee code
PC. Specifically, the Exchange is proposing to increase the standard
fee for Customer orders that remove liquidity in Penny Pilot Securities
under fee code PC from $0.46 to $0.48 per contract.
Customer Add Volume Tier 4
    The Exchange is proposing to amend the criteria necessary to meet
and the rebate associated with the Customer Add Volume Tier 4 under
footnote 1, which currently provides Members with a rebate of $0.50 per
contract for Customer orders that add liquidity in Penny Pilot
Securities where the Member has an ADAV \10\ equal to or greater than
0.85% of average TCV.\11\ Specifically, the Exchange is proposing to
amend Customer Add Volume Tier 4 such that a Member will receive a
$0.52 rebate for Customer orders that add liquidity in Penny Pilot
Securities where the Member has an ADAV in Customer orders equal to or
greater than 1.00% of average TCV.
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    \10\ Id.
    \11\ Id.
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Customer Step-Up Volume Tier
    The Exchange is proposing to amend the criteria necessary to meet
the Customer Step-Up Volume Tier, which currently provides Members with
a rebate of $0.53 per contract where the Member has an Options Step-Up
Add TCV \12\ in Customer orders from September 2015 baseline equal to
or greater than 0.35%. Specifically, the Exchange is proposing to
continue offering a rebate of $0.53 per contract where the Member has
an Options Step-Up Add TCV in Customer orders from September 2015
baseline equal to or greater than 0.40%.
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    \12\ Id.
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Customer Non-Penny Pilot Add Volume Tier
    The Exchange is proposing to create a new footnote 12 entitled
``Customer Non-Penny Pilot Add Volume Tier,'' which would apply to
orders that receive fee code NY. Under the proposed new tier, Customer
orders that add liquidity in Non-Penny Pilot Securities would receive
$1.00 per contract where the Member has an ADAV in Customer orders
equal to or greater than 0.70% of average TCV.
New Non-Customer Take Volume Tier
    The Exchange is proposing to add a new Non-Customer Take Volume
Tier under footnote 3. Under the new Non-Customer Take Volume Tier 3,
the Exchange would charge $0.47 per contract for a Non-Customer order
to remove liquidity in Penny Pilot Securities where the Member has an
ADAV in Customer orders equal to or greater than 1.00% of average TCV.
In conjunction with this proposed change, the Exchange is proposing to
change current Non-Customer Take Volume Tier 3 to Non-Customer Take
Volume Tier 4.
Implementation Date
    The Exchange proposes to implement these amendments to its fee
schedule on March 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\13\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\14\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels to be
excessive.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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    Volume-based rebates such as those currently maintained on the
Exchange have been widely adopted by equities and options exchanges and
are equitable because they are open to all Members on an equal basis
and provide additional benefits or discounts that are reasonably
related to the value to an exchange's market quality associated with
higher levels of market activity, such as higher levels of liquidity
provision and/or growth patterns, and introduction of higher volumes of
orders into the price and volume discovery processes.
Removing Liquidity in Non-Penny Pilot Securities
    The Exchange believes that its proposal to change the standard fee
charged for Customer orders that remove liquidity in Non-Penny Pilot
Securities from $0.84 to $0.85 per contract and the standard fee for
Non-Customer orders that remove liquidity in Non-Penny Pilot Securities
under fee code NP from $0.89 to $0.94 per contract is reasonable, fair
and equitable and non-discriminatory, for the reasons set forth above
with respect to volume-based pricing generally, because the change will
apply equally to all participants, and because, while the change marks
an increase in fees for orders in Non-Penny Pilot Securities, such
proposed fees remain consistent with pricing previously offered by the
Exchange as well as competitors of the Exchange and does not represent
a significant departure from the Exchange's general pricing structure
and will allow the Exchange to earn additional revenue that can be used
to offset the addition of new pricing incentives, including those
introduced as part of this proposal.
Customer Orders That Remove Liquidity in Penny Pilot Securities
    The Exchange believes that its proposal to increase the standard
fees for Customer orders that remove liquidity in Penny Pilot
Securities from $0.46 to $0.48 per contract is

reasonable, fair and equitable and non-discriminatory, for the reasons
set forth above with respect to volume-based pricing generally, because
such change will apply equally to all participants, and because, while
the change marks an increase in fees for such orders, such proposed
fees remain consistent with pricing previously offered by the Exchange
as well as competitors of the Exchange and does not represent a
significant departure from the Exchange's general pricing structure and
will allow the Exchange to earn additional revenue that can be used to
offset the addition of new pricing incentives, including those
introduced as part of this proposal.
Customer Add Volume Tier 4
    The Exchange believes that its proposal to amend Customer Add
Volume Tier 4 such that a Member will receive a $0.52 rebate for
Customer orders that add liquidity in Penny Pilot Securities where the
Member has an ADAV in Customer orders equal to or greater than 1.00% of
average TCV is reasonable, fair and equitable and non-discriminatory,
for the reasons set forth above with respect to volume-based pricing
generally and because such change will apply equally to all
participants and will incentivize such participants to further
contribute to market quality on the Exchange. Moreover, the proposed
change will provide Members with an increased incentive (increasing the
rebate from $0.50 to $0.52 per contract) to add liquidity in Customer
orders, which the Exchange not only believes will enhance market
quality for all market participants, but will also encourage increased
participation of Non-Customer orders wanting to interact with such
Customer orders, further to the benefit of all market participants. The
Exchange also believes that the proposed rebate remains consistent with
pricing previously offered by the Exchange as well as competitors of
the Exchange and does not represent a significant departure from the
Exchange's general pricing structure.
Customer Step-Up Volume Tier
    The Exchange believes that its proposal to increase the Options
Step-Up Add TCV in Customer orders from September 2015 baseline to
0.40% in order to receive a rebate of $0.53 is reasonable, fair and
equitable and non-discriminatory, for the reasons set forth above with
respect to volume-based pricing generally and because such change will
apply equal to all participants and incentivize such participants to
further contribute to market quality on the Exchange. While the change
will require Members to further increase their participation as
compared to the September 2015 baseline in order to receive the same
rebate, the Exchange believes that such proposed rebates remain
consistent with pricing previously offered by the Exchange as well as
competitors of the Exchange and does not represent a significant
departure from the Exchange's general pricing structure and will act to
incentivize such Members to increase participation on the Exchange,
thereby enhancing liquidity and market quality on the Exchange for all
participants. The Exchange also believes that the proposed rebate
remains consistent with pricing previously offered by the Exchange as
well as competitors of the Exchange and does not represent a
significant departure from the Exchange's general pricing structure.
Customer Non-Penny Pilot Add Volume Tier
    The Exchange believes that its proposal to create a new tier under
which Customer orders that add liquidity in Non-Penny Pilot Securities
would receive $1.00 per contract where the Member has an ADAV in
Customer orders equal to or greater than 0.70% of average TCV is
reasonable, fair and equitable and non-discriminatory, for the reasons
set forth above with respect to volume-based pricing generally, because
such change will apply equally to all participants, and because the
change will incentivize such participants to further contribute to
market quality on the Exchange. Moreover, the proposed change will
provide Members with an increased incentive to add liquidity in
Customer orders, which the Exchange not only believes will enhance
market quality for all market participants, but will also encourage
increased participation of Non-Customer orders wanting to interact with
such Customer orders, further to the benefit of all market
participants. The Exchange also believes that the proposed rebate
remains consistent with pricing previously offered by the Exchange as
well as competitors of the Exchange, in particular those of Nasdaq
Options Market LLC, which currently offers a rebate of up to $1.00 for
Customer orders in Non-Penny Pilot Securities, and does not represent a
significant departure from the Exchange's general pricing structure.
New Non-Customer Take Volume Tier
    The Exchange believes that its proposal to add a new tier under
footnote 3 under which the Exchange would charge $0.47 per contract for
a Non-Customer order to remove liquidity in Penny Pilot Securities
where the Member has an ADAV in Customer orders equal to or greater
than 1.00% of average TCV is reasonable, fair and equitable and non-
discriminatory, for the reasons set forth above with respect to volume-
based pricing generally, because such change will apply equally to all
participants, and because the change will incentivize such participants
to further contribute to market quality on the Exchange. Moreover, the
proposed enhanced rebate will provide Members with an increased
incentive to add liquidity in Customer orders, which the Exchange not
only believes will enhance market quality for all market participants,
but will also encourage increased participation of Non-Customer orders
wanting to interact with such Customer orders, further to the benefit
of all market participants. The Exchange also believes that the
proposed fee remains consistent with pricing previously offered by the
Exchange as well as competitors of the Exchange and does not represent
a significant departure from the Exchange's general pricing structure.
The Exchange also believes that the clarifying numbering change
associated with this change is reasonable, fair and equitable and non-
discriminatory because it is non-substantive and is designed to make
sure that the fee schedule is as clear and easily understandable as
possible.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposed amendments to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. To the contrary,
the Exchange has designed the proposed amendments to its fee schedule
in order to enhance its ability to compete with other exchanges.
Rather, the proposal as a whole is a competitive proposal that is
seeking further the growth of the Exchange. The Exchange has structured
the proposed fees and rebates to attract certain additional volume in
both Customer and certain Non-Customer orders, however, the Exchange
believes that its pricing for all capacities is competitive with that
offered by other options exchanges. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to

maintain their competitive standing in the financial markets.
Additionally, Members may opt to disfavor the Exchange's pricing if
they believe that alternatives offer them better value. Accordingly,
the Exchange does not believe that the proposed changes to the
Exchange's tiered pricing structure burdens competition, but instead,
enhances competition as it is intended to increase the competitiveness
of the Exchange. Also, the Exchange believes that the price changes
contribute to, rather than burden competition, as such changes are
broadly intended to incentivize participants to increase their
participation on the Exchange, which will increase the liquidity and
market quality on the Exchange, which will then further enhance the
Exchange's ability to compete with other exchanges.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4
thereunder.\16\ 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.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2016-26 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-BATS-2016-26. 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 such filing will also 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-BATS-2016-26 and should be
submitted on or before April 5, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05751 Filed 3-14-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Rules and Regulations]
[Pages 87422-87424]
[FR Doc No: 2016-28340]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7418; Directorate Identifier 2015-NM-163-AD;
Amendment 39-18675; AD 2016-20-09]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-600-2A12 (CL-601 Variant), and CL-600-2B16
(CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This AD was
prompted by a report that a potential chafing condition exists between
the negative-G fuel feed drain line of the auxiliary power unit (APU)
and its surrounding structure and components. This AD requires, for
certain airplanes, a detailed inspection for chafing conditions of the
negative-G fuel feed drain line of the APU, and corrective actions if
necessary. For certain other airplanes, this AD requires replacement of
the APU negative-G fuel feed tube assembly and the drain line. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is January 9, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 9,
2017.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-7418.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7418; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Norman Perenson, Aerospace Engineer,
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.
Model CL-600-2A12 (CL-601 Variant), and CL-600-2B16 (CL-601-3A, CL-601-
3R, and CL-604 Variants) airplanes. The NPRM published in the Federal
Register on June 28, 2016 (81 FR 41889) (``the NPRM''). The NPRM was
prompted by a report that a potential chafing condition exists between
the negative-G fuel feed drain line of the APU and its surrounding
structure and components. The NPRM proposed to require, for certain
airplanes, a detailed inspection for chafing conditions of the
negative-G fuel feed drain line of the APU, and corrective actions if
necessary. For certain other airplanes, the NPRM proposed to require
replacement of the APU negative-G fuel feed tube assembly and the drain
line. We are issuing this AD to prevent a chafing condition in the
negative-G fuel feed drain line, which can result in fuel leaking from
the drain line. This condition, in combination with a nearby hot
surface or other potential ignition source, could result in an
uncontrolled fire in the aft equipment bay.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2015-26, dated August
31, 2015 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc. Model CL-600-2A12 (CL-601
Variant) and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants)
airplanes. The MCAI states:

    It was reported that a potential chaffing condition exist
between the Auxiliary Power Unit (APU) negative-G fuel feed drain
line and its surrounding structure and components. Leakage of the
negative-G fuel feed drain line is a dormant failure, however, in
combination with a nearby hot surface or other potential ignition
source, could result in an uncontrolled fire in the aft equipment
bay.
    This [Canadian] AD mandates [for certain airplanes] the detailed
visual inspection [for chafing conditions, e.g., fouling between the
drain line and other components and insufficient clearance] and, if
required, rectification [corrective actions], to ensure required
clearance between the APU negative-G fuel feed drain line and its
surrounding structure and components [and, for certain other
airplanes, this [Canadian] AD mandates replacement of the APU
negative-G fuel feed tube assembly and the drain line].

    Corrective actions include replacing the APU negative-G fuel feed
drain line. You may examine the MCAI in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-7418.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Bombardier, Inc. service information.
     Bombardier Service Bulletin 601-0640, dated May 19, 2015;
and Bombardier Service Bulletin 604-28-021, dated May 19, 2015. This
service information describes procedures for a detailed inspection for
chafing conditions of the negative-G fuel feed drain line of the APU,
and corrective actions. These service bulletins are distinct since they
apply to different airplane models.
     Bombardier Service Bulletin 605-28-009, dated May 19,
2015. This service information describes procedures for a detailed
inspection for chafing conditions of the negative-G fuel feed drain
line of the APU, replacement of the APU negative-G fuel feed tube
assembly and the drain line, and corrective actions.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 504 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and Modification.......  22 work-hours x $85 per            $6,334           $8,204       $4,134,816
                                     hour = $1,870.
----------------------------------------------------------------------------------------------------------------

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2016-20-09 Bombardier, Inc.: Amendment 39-18675; Docket No. FAA-
2016-7418; Directorate Identifier 2015-NM-163-AD.

(a) Effective Date

    This AD is effective January 9, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. airplanes, certificated in
any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD.
    (1) Model CL-600-2A12 (CL-601 Variant) airplanes, having serial
numbers (S/Ns) 3001 through 3066 inclusive.
    (2) Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants)
airplanes, having S/Ns 5001 through 5194 inclusive.
    (3) Model CL-600-2B16 (CL-604 Variant) airplanes, having S/Ns
5301 through 5665 inclusive, and 5701 through 5970 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that a potential chafing
condition exists between the negative-G fuel feed drain line of the
auxiliary power unit (APU) and its surrounding structure and
components. We are issuing this AD to prevent a chafing condition in
the negative-G fuel feed drain line, which can result in fuel
leaking from the drain line. This condition, in combination with a
nearby hot surface or other potential ignition source, could result
in an uncontrolled fire in the aft equipment bay.

(f) Compliance

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

(g) Inspection and Corrective Action for Certain Airplanes

    Within 24 months after the effective date of this AD, comply
with the applicable actions specified in paragraphs (g)(1) through
(g)(3) of this AD, except as required by paragraph (i) of this AD.
Do all applicable corrective actions before further flight.
    (1) For Model CL-600-2A12 (CL-601 Variant) airplanes, having S/
Ns 3001 through 3066 inclusive; and Model CL-600-2B16 (CL-601-3A and
CL-601-3R Variants) airplanes, having S/Ns 5001 through 5194
inclusive: Do a detailed inspection for chafing conditions of the
negative-G fuel feed drain line of the APU, and do all applicable
corrective actions, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 601-0640, dated May 19,
2015.
    (2) For Model CL-600-2B16 (CL-604 Variant) airplanes, having S/
Ns 5301 through 5665 inclusive: Do a detailed inspection for chafing
conditions of the negative-G fuel feed drain line of the APU, and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 604-28-
021, dated May 19, 2015.

    (3) For Model CL-600-2B16 (CL-604 Variant) airplanes, having S/
Ns 5701 through 5913 inclusive, 5917, 5918, and 5923 through 5970
inclusive: Do a detailed inspection for chafing conditions of the
negative-G fuel feed drain line of the APU, and do all applicable
corrective actions, in accordance with the Accomplishment
Instructions in Part A and, if applicable, Part B of Bombardier
Service Bulletin 605-28-009, dated May 19, 2015.

(h) Modification for Certain Other Airplanes

    For Model CL-600-2B16 (604 Variant) airplanes having S/Ns 5914
through 5916 inclusive and 5919 through 5922 inclusive: Within 24
months after the effective date of this AD, replace the APU
negative-G fuel feed tube assembly and the drain line, in accordance
with Part C of the Accomplishment Instructions of Bombardier Service
Bulletin 605-28-009, dated May 19, 2015.

    Note 1 to paragraph (h) of this AD: An inspection is not
required.

(i) Service Information Exception

    Where any service information identified in paragraphs (g)(1),
(g)(2), and (g)(3) of this AD specifies to contact the manufacturer
for corrective action, before further flight, repair using a method
approved by the Manager, New York Aircraft Certification Office
(ACO), ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the ACO, send it to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax<PHONE_NUMBER>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
Canadian AD CF-2015-26, dated August 31, 2015, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-7418.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 601-0640, dated May 19, 2015.
    (ii) Bombardier Service Bulletin 604-28-021, dated May 19, 2015.
    (iii) Bombardier Service Bulletin 605-28-009, dated May 19,
2015.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone: 1-866-538-1247 or direct-dial
telephone: 1-514-855-2999; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 19, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28340 Filed 12-2-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40720-40723]
[FR Doc No: 2022-14378]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0141]
RIN 1625-AA08

Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters located in
Baltimore County, MD during activities associated with an air show
event from July 15, 2022 through July 17, 2022. This regulation
prohibits persons and vessels from entering the regulated area unless
authorized by the Captain of the Port, Maryland-National Capital Region
or the Coast Guard Event Patrol Commander.

DATES: This rule is effective from 4 p.m. on July 15, 2022 through 4
p.m. on July 17, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0141 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz
Airshows, LLC of Clearfield, PA, notified the Coast Guard that it will
be conducting the 2022 Tiki Lee's Shootout on the River Airshow in Back
River between Lynch Point and Walnut Point in Baltimore County, MD on
July 15, 2022, July 16, 2022, and July 17, 2022. In response, on April
22, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled ``Special Local Regulation; Back River, Baltimore County,
MD'' (87 FR 24084). There, we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
airshow. During the comment period that ended May 23, 2022, we received
no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30

days after publication in the Federal Register. Due to the date of the
event, it would be impracticable to make the regulation effective 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable and contrary to the public
interest because it would delay the safety measures necessary to
respond to potential safety hazards associated with this marine event.
Hazards from the air show include risks of injury or death resulting
from aircraft accidents, dangerous projectiles, hazardous materials
spills, falling debris, and near or actual contact among participants
and spectator vessels or waterway users if normal vessel traffic were
to interfere with the event. Additionally, such hazards include
participants operating near a designated navigation channel, as well as
operating adjacent to waterside residential communities. Immediate
action is needed to protect participants, spectators, and other persons
and vessels during the air show event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the air show
being held from July 15, 2022 through July 17, 2022 will be a safety
concern for anyone intending to operate within certain waters of Back
River in Baltimore County, MD near the event area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
22, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes special local regulations from 4 p.m. on July
15, 2022 through 4 p.m. on July 17, 2022. The regulated area will cover
all navigable waters of Back River within an area bounded by a line
connecting the following points: from the shoreline at Lynch Point at
latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. This rule provides additional
information about areas within the regulated area and their
definitions. These areas include ``Aerobatics Box'' and ``Spectator
Areas.'' The size of the regulated area and duration of the special
local regulations are intended to ensure the safety of life on these
navigable waters before, during, and after activities associated with
the air show, scheduled from 5 p.m. to 6 p.m. on July 15, 2022, and
from 2 p.m. to 3 p.m. both days on July 16, 2022, and July 17, 2022.
The COTP and the Coast Guard Event Patrol Commander (PATCOM) will have
authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area. When
hailed or signaled by an official patrol, a vessel or person in the
regulated area will be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for 2022 Tiki Lee's Shootout on the River Airshow
participants and vessels already at berth, a vessel or person will be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators will be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic will
be able to safely transit the regulated area once the Event PATCOM
deems it safe to do so. A vessel within the regulated area must operate
at safe speed that minimizes wake. A person or vessel not registered
with the event sponsor as a participant or assigned as official patrols
will be considered a spectator. Official Patrols are any vessel
assigned or approved by the Commander, Coast Guard Sector Maryland-
National Capital Region with a commissioned, warrant, or petty officer
on board and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the regulated
area. A spectator vessel must not loiter within the navigable channel
while within the regulated area. Official patrol vessels will direct
spectators to the designated spectator area. Only participant vessels
will be allowed to enter the aerobatics box. The Coast Guard will
publish a notice in the Fifth Coast Guard District Local Notice to
Mariners and issue a marine information broadcast on VHF-FM marine band
radio announcing specific event dates and times.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the location, size
and duration of the regulated area, which will impact a small
designated area of Back River for 9 total enforcement hours. This
waterway supports mainly recreational vessel traffic, which at its
peak, occurs during the summer season. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule will allow vessels to
seek permission to enter the regulated area, and vessel traffic will be
able to safely transit the regulated area once the Event PATCOM deems
it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant

economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 9 total enforcement
hours. It is categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Memorandum for the Record supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0141 to read as follows:

Sec.  100.501T05-0141   2022 Tiki Lee's Shootout on the River Airshow,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
    (2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to and terminating at the point of origin.
    (3) Spectator Areas. (i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
    (ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence

northeast to latitude 39[deg]16'01.19'' N, longitude 076[deg]27'05.65''
W, thence west to and terminating at the point of origin.
    (iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
    (b) Definitions. As used in this section--
    Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means all persons and vessels registered with the event
sponsor as participating in the ``2022 Tiki Lee's Shootout on the River
Airshow'' event, or otherwise designated by the event sponsor as having
a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or Event PATCOM may terminate the event, or a participant's operations
at any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 4 p.m.
to 7 p.m. on July 15, 2022, from 1 p.m. to 4 p.m. on July 16, 2022, and
from 1 p.m. to 4 p.m. on July 17, 2022.

    Dated: June 30, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-14378 Filed 7-7-22; 8:45 am]
BILLING CODE 9110-04-P


" Hill, David R. ( GC)" < David. R. Hill@ hq. doe. gov> 08/ 27/ 2003 10: 58 AM To: "' Amy_ L._ Farrell@ omb. eop. gov'" < Amy_ L._ Farrell@ omb. eop. gov>, Bill Wehrum/ DC/ USEPA/ US@ EPA cc: Subject: recordkeeping insert Here are a couple of suggested edits to the recordkeeping insert, if I am still in time. drh << recordkeeping insert. wpd>>

Attachment is located in a separate docket entry.


[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4958-4960]
[FR Doc No: 2015-01644]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74125; File No. SR-PHLX-2015-05]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
MNX and NDX

January 23, 2015.
    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 January 21, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, 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 amend Section II \3\ of the Pricing
Schedule entitled ``Multiply Listed Options Fees'' to assess an
increased Options Surcharge in MNX \4\ and NDX.\5\
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    \3\ Section II of the Pricing Schedule includes options
overlying equities, ETFs, ETNs and indexes which are Multiply
Listed.
    \4\ MNX represents options on the one-tenth value of the Nasdaq
100 Index traded under the symbol MNX (``MNX'').
    \5\ NDX represents options on the Nasdaq 100 Index traded under
the symbol NDX (``NDX'').
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    While changes to the Pricing Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated the proposed
amendment to be operative on February 2, 2015.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.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
    The purpose of this filing is to amend Section II of the Pricing
Schedule entitled ``Multiply Listed Options Fees'' to increase the
Options Surcharge for transactions in MNX and NDX from $0.15 to $0.20
per contract for Professionals,\6\ Market Makers,\7\ Specialists,\8\
Broker-Dealers \9\ and Firms.\10\ As is the case today, Customers \11\
will not be assessed an Options Surcharge in MNX an NDX. The Options
Surcharge is assessed in addition to the Options Transactions Fees in
Section II of the Pricing Schedule. This rule change applies to both
electronic and floor transactions.
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    \6\ The term ``professional'' means any person or entity that
(i) is not a broker or dealer in securities, and (ii) places more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Rule
1000(b)(14).
    \7\ A ``market maker'' includes Registered Options Traders (Rule
1014(b)(i) and (ii)), which includes Streaming Quote Traders (see
Rule 1014(b)(ii)(A)) and Remote Streaming Quote Traders (see Rule
1014(b)(ii)(B)). Directed Participants are also market makers.
    \8\ The term ``Specialist'' applies to transactions for the
account of a Specialist as defined in Exchange Rule 1020(a).
    \9\ The term ``Broker-Dealer'' applies to any transaction which
is not subject to any of the other transaction fees applicable
within a particular category.
    \10\ The term ``Firm'' applies to any transaction that is
identified by a member or member organization for clearing in the
Firm range at The Options Clearing Corporation (``OCC'').
    \11\ The term ``Customer'' applies to any transaction that is
identified by a member or member organization for clearing in the
Customer range at OCC which is not for the account of a broker or
dealer or for the account of a ``Professional'' as that term is
defined in Rule 1000(b)(14).
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    The Exchange believes that these surcharges will assist the
Exchange in remaining competitive in these options by recouping certain
fees.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\12\ in general, and with
Section 6(b)(4) and 6(b)(5) of the Act,\13\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposal to increase the Options Surcharge for
transactions in MNX and NDX from $0.15 to $0.20 per contract for all
non-Customer market participants is reasonable because all non-Customer
market participants will continue to be assessed the same surcharge. As
is the case today, Customers will not be assessed an Options Surcharge.
Also, the Options Surcharge remains competitive with fees at other
options exchanges.\14\
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    \14\ See NYSE MKT LLC's (``NYSE AMEX'') Fee Schedule. NYSE AMEX
assesses a Royalty Fee of $0.22 per contract for transactions in MNX
and NDX. See also NYSE Arca Inc.'s (``NYSE Arca'') Fees and Charges.
NYSE Arca, Inc. assesses a Royalty Fee of $0.22 per contract for
transactions in MNX and NDX.
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    The Exchange's proposal to increase the Options Surcharge for
transactions in MNX and NDX from $0.15 to $0.20 per contract for all
non-Customer market participants is equitable and not unfairly
discriminatory because the Exchange will continue to assess all non-
Customer market participants a uniform Options Surcharge. Customers are
not assessed an Options Surcharge. Customer order flow is unique
because Customer liquidity benefits all market participants by
providing more trading opportunities, which attracts Specialists and
Market Makers. An increase in the activity of these market participants
in turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
Finally, the Exchange believes that it is equitable and not unfairly
discriminatory for non-Customer market participants who trade these
products to pay the surcharge fee as the Exchange has entered into a
licensing agreement to obtain intellectual property rights to list
these products and seeks to recoup a portion of its costs.

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 because all non-Customer market
participants will continue to be assessed a uniform Options Surcharge
Fee for transactions in MNX and NDX, in addition to other transaction
fees. Customer liquidity benefits all market participants by providing
more trading opportunities, which attracts Specialists and Market
Makers. An increase in the activity of these market participants in
turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
The Exchange operates in a highly competitive market, comprised of
twelve exchanges, in which market participants can easily and readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or rebates to be inadequate.
Accordingly, the fees that are assessed, as described in the proposal,
are influenced by these robust market forces and therefore must remain
competitive with fees charged by other venues and therefore must
continue to be reasonable and equitably allocated to those members that
opt to direct orders to the Exchange rather than competing venues.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\15\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PHLX-2015-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PHLX-2015-05. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-PHLX-2015-05 and should be
submitted on or before February 19, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-01644 Filed 1-28-15; 8:45 am]
BILLING CODE 8011-01-P