[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23778-23780]
[FR Doc No: 2018-10921]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3883; Product Identifier 2014-SW-029-AD; Amendment
39-19289; AD 2018-11-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus
Helicopters Model AS332L2 and EC225LP helicopters. This AD requires
installing a cut-out for the left-hand (LH) and right-hand (RH) rail
support junction profiles and inspecting splices, frame 5295, and
related equipment for a crack. This AD was prompted by reports of
cracks on frame 5295 and on splices installed to prevent those cracks.
The actions of this AD are intended to prevent an unsafe condition on
these products.

DATES: This AD is effective June 27, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of June 27, 2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, Inc., 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.airbushelicopters.com/techpub. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3883.

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-2015-
3883; 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 AD, the European Aviation Safety Agency (EASA) AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
Docket Operations (phone:<PHONE_NUMBER>) is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer,
Regulations & Policy Section, Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On January 5, 2016, at 81 FR 191, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Model AS332L2 and Model
EC225LP helicopters with an extended aluminum splice installed on frame
5295. The NPRM proposed to require installing a cut-out for the LH and
RH rail support junction profiles and inspecting splices, frame 5295,
and related equipment for a crack. The proposed requirements were
intended to detect a crack in frame 5295, which could lead to
structural failure of the frame and loss of control of the helicopter.
    The NPRM was prompted by AD No. 2014-0098-E, dated April 25, 2014,
issued by EASA, which is the Technical Agent for the Member States of
the European Union, to correct an unsafe condition for Model AS332L2
and EC225LP helicopters. EASA AD No. 2014-0098-E applies to helicopters
with a frame 5295 that have been reinforced by installing aluminium
splices on the RH and LH fuselage external skins. EASA advises of a
report of a crack that initiated on a splice in an area hidden by the
overlapping junction profile of the cabin sliding door rail support and
then spread to the frame.
    EASA states that a crack in frame 5295, if not detected and
corrected, could lead to loss of structural integrity of the helicopter
frame and subsequent loss of control of the helicopter. To address this
condition, EASA issued AD No. 2014-0098-E to require repetitive
inspections of the splices for a crack, as well as cutting out the rail
support junction profiles to provide a convenient access to identify
cracks in a splice.
    Since the NPRM was issued, the FAA's Aircraft Certification Service
has changed its organizational structure. The new structure replaces
product directorates with functional divisions. We have revised some of
the office titles and nomenclature throughout this Final rule to
reflect the new organizational changes. Additional information about
the new structure can be found in the Notice published on July 25, 2017
(82 FR 34564).

Comments

    After our NPRM was published, we received comments from a commenter
who raised three issues.

Request

    The commenter requested that we revise the applicability of the AD
to exempt helicopters that are ``post mod 07 26493 or RDAS 332-1284-
13.''
    We partially agree. Modification (MOD) 0726493 or repair design
approval sheet (RDAS) 332-1284-13 specify installing a stainless steel
doubler to reduce stress in the splice and frame, thereby eliminating
the unsafe condition. We disagree with exempting ``post mod''
helicopters, however, as the stainless steel doubler could be removed
(subjecting the helicopter again to the unsafe condition) and the
helicopter would still be in a ``post mod'' configuration. Instead, we
have changed the applicability to exempt helicopters with the steel
splice kit installed that pertains to MOD 0726493.
    The commenter requested that we revise the compliance time of the
AD to include the flow charts from the Airbus Helicopters service
information. The commenter states that this information would explain
the steps involved to operators to eliminate the unsafe condition. The
commenter also requested that we clarify the compliance times as
discussed in the preamble of the NPRM, because they appear different
from those in the service information and the EASA AD.
    We disagree. The commenter is correct that the compliance times in
our AD are different, in some measure, to those in the EASA AD. But the
compliance times in the AD are clear as written. The requested change
is unnecessary.

    The commenter requested that we withdraw the AD because all
helicopters in the U.S. fleet have either installed the cut-out or are
scheduled for installation of the cut-out.
    We disagree. The FAA has determined that an unsafe condition
exists. AD action is required to mandate corrective action for this
unsafe condition. In addition, if additional helicopters are imported
into the United States, AD action is necessary to require that those
helicopters accomplish the corrective actions before operating in this
country.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA, reviewed the relevant information,
considered the comments received, and determined the unsafe condition
exists and is likely to exist or develop on other helicopters of these
same type designs and that air safety and the public interest require
adopting the AD requirements as proposed with the change described
previously and with a revision to the estimated costs of complying with
this AD. These changes are consistent with the intent of the proposals
in the NPRM and will not increase the economic burden on any operator
nor increase the scope of the AD.

Differences Between This AD and the EASA AD

    The EASA AD requires contacting Airbus Helicopters if there is a
crack in the affected parts. This AD makes no such requirement.
    The EASA AD sets various timelines for repairing affected parts if
a crack exists. This AD requires repairing affected parts before
further flight if a crack exists.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin (ASB) No.
EC225-05A038 for Model EC225LP helicopters and ASB No. AS332-05.00.97
for Model AS332L2 helicopters. The ASBs, both Revision 0 and both dated
April 15, 2014, report cracks were found in the splice and frame 5295
on a Model AS332L2 helicopter during a major inspection. The splice had
been added in compliance with MOD 0726517. Had an optional rail support
cut-out been accomplished on the aircraft to allow for a visual check
of the splice for frame 5295, it would have revealed the crack in the
splice, prompting its repair and consequently limiting the damage to
frame 5295. As a result, the ASBs call for the rail support cut-out on
the RH and LH side of the frame as well as periodic visual inspections
of frame 5295 and related equipment.
    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.

Other Related Service Information

    We reviewed Eurocopter Helicopters (now Airbus Helicopters) Service
Bulletin (SB) No. 53-003, Revision 4, for Model EC225LP helicopters and
SB No. 53.01.52, Revision 5, for Model AS332L2 helicopters, both dated
July 23, 2010. The SBs specify procedures to reinforce frame 5295 by
installing a new titanium plate underneath the fitting and a new
widened aluminum splice below the upper corner of the door. We also
reviewed Airbus Helicopters SB No. 05-019, Revision 4, dated September
22, 2014, for Model EC225LP helicopters, which proposes that you cut
out the junction profiles to perform periodic visual inspections.

Costs of Compliance

    We estimate that this AD affects 4 helicopters of U.S. Registry. We
estimate that operators may incur the following costs in order to
comply with this AD. Labor costs average $85 a work-hour. Based on
these estimates, we expect the following costs:
    Installing the cut-outs on frame 5295 requires 40 work-hours for a
labor cost of $3,400. Parts cost $5,000 for total cost per helicopter
of $8,400 and $33,600 for the U.S. fleet.
    Inspecting helicopter frame 5295 requires 2 work-hours for a labor
cost of $170 per helicopter. No parts are needed for a total U.S. fleet
cost of $680 per inspection cycle.
    Repairing a splice requires 40 work-hours and a parts cost of
$5,000 for a total cost of $8,400 per helicopter.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

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

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):

2018-11-01 Airbus Helicopters: Amendment 39-19289; Docket No. FAA-
2015-3883; Product Identifier 2014-SW-029-AD.

(a) Applicability

    This AD applies to Model AS332L2 and Model EC225LP helicopters,
certificated in any category, with an extended aluminum splice
installed on frame 5295, except helicopters with steel splice kit
part number 332A08-2649-3072 installed.

    Note 1 to paragraph (a) of this AD: Helicopters with
Modification (MOD) 0726517 have an extended aluminum splice
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack on helicopter
frame 5295. This condition could result in structural failure of the
frame and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective June 27, 2018.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Before a splice reaches 1,700 hours time-in-service (TIS),
within 50 hours TIS, or before the helicopter reaches 11,950 hours
TIS, whichever occurs later, do the following:
    (i) Install the rail support cut-out and identify the right-hand
and left-hand junction profile in accordance with the Accomplishment
Instructions, paragraph 3.B.2, of Airbus Helicopters Alert Service
Bulletin (ASB) No. EC225-05A038, Revision 0, dated April 15, 2014
(ASB EC225-05A038), or ASB No. AS332-05.00.97, Revision 0, dated
April 15, 2014 (ASB AS332-05.00.97), whichever is applicable to your
helicopter.
    (ii) Inspect each splice for a crack in the area depicted as
Area Y in Figure 3 of ASB EC225-05A038 or ASB AS332-05.00.97,
whichever is applicable to your helicopter. If a crack exists,
repair or replace the splice before further flight.
    (2) Thereafter at intervals not to exceed 110 hours TIS, inspect
each splice for a crack in the area depicted as Area Y in Figure 3
of ASB EC225-05A038 or ASB AS332-05.00.97. If a crack exists, repair
or replace the splice before further flight.

(f) Credit for Actions Previously Completed

    Installing rail support cut-outs in accordance with MOD 0728090
or Airbus Helicopters Service Bulletin No. 05-019, Revision 4, dated
September 22, 2014, before the effective date of this AD is
considered acceptable for compliance with the corresponding actions
specified in paragraph (e)(1)(i) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Gary Roach, Aviation Safety Engineer, Regulations & Policy Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    (1) Airbus Helicopters Service Bulletin (SB) No. 05-019,
Revision 4, dated September 22, 2014, and Eurocopter Helicopters
(now Airbus Helicopters) SB No. 53-003, Revision 4, and SB No.
53.01.52, Revision 5, both dated July 23, 2010, which are not
incorporated by reference, contain additional information about the
subject of this AD. For service information identified in this AD,
contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.airbushelicopters.com/techpub. You
may view the referenced service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2014-0098-E, dated April 25, 2014. You
may view the EASA AD on the internet at http://www.regulations.gov
in Docket No. FAA-2015-3883.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5310, Fuselage
Main, Structure.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) Airbus Helicopters Alert Service Bulletin No. EC225-05A038,
Revision 0, dated April 15, 2014.
    (ii) Airbus Helicopters Alert Service Bulletin No. AS332-
05.00.97, Revision 0, dated April 15, 2014.
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, Inc., 2701 N. Forum Drive,
Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>;
fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 16, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-10921 Filed 5-22-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Rules and Regulations]
[Page 22396]
[FR Doc No: 2014-09066]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0275]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule governing the ``I'' Street Drawbridge across the
Sacramento River, mile 59.4 at Sacramento, CA. The deviation is
necessary to allow the community to participate in the Capitol City
Classic 10K run. This deviation allows the bridge to remain in the
closed-to-navigation position during the deviation period.

DATES: This deviation is effective from 7:30 a.m. to 11 a.m. on April
27, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0275], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: Union Pacific Railroad Company has requested
a temporary change to the operation of the ``I'' Street Drawbridge,
mile 59.4, over Sacramento River, at Sacramento, CA. The drawbridge
navigation span provides 109 feet vertical clearance above Mean High
Water in the full open-to-navigation position, and 30 feet vertical
clearance above Mean High Water when closed. The draw opens on signal
from May 1 through October 31 from 6 a.m. to 10 p.m. and from November
1 through April 30 from 9 a.m. to 5 p.m. At all other times the draw
shall open on signal if at least four hours notice is given, as
required by 33 CFR 117.189(a). Navigation on the waterway is commercial
and recreational.
    The drawspan will be secured in the closed-to-navigation position
7:30 a.m. to 11 a.m. on April 27, 2014, to allow the community to
participate in the Capitol City Classic 10K run. This temporary
deviation has been coordinated with the waterway users. No objections
to the proposed temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterway through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 11, 2014.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2014-09066 Filed 4-21-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64261-64262]
[DOCID:fr15no07-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56772; File No. SR-CBOE-2007-126]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto To Increase the Class Quoting
Limit in Fourteen Option Classes

November 8, 2007.
    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 November 1, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the CBOE.
The Exchange has designated this proposal as one constituting a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule under Section
19(b)(3)(A)(i) of the Act, \3\ and Rule 19b-4(f)(1) thereunder, \4\
which renders the proposal effective upon filing with the Commission.
The Exchange filed Amendment No. 1 to the proposed rule change on
November 7, 2007. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, 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)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to increase the class quoting limit in fourteen
option classes. The text of the proposed rule change is available on
CBOE's Web site (http://www.cboe.com), at the CBOE'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 parts of such
statements.

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

1. Purpose
    CBOE Rule 8.3A, Maximum Number of Market Participants Quoting
Electronically per Product, establishes class quoting limits (``CQLs'')
for each class traded on the Hybrid Trading System.\5\ A CQL is the
maximum number of quoters that may quote electronically in a given
product and the current levels are established from 25-40, depending on
the trading activity of the particular product.
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    \5\ See Rule 8.3A.01.
---------------------------------------------------------------------------

    Rule 8.3A, Interpretation .01(c) provides a procedure by which the
President of the Exchange may increase the CQL for a particular
product. In this regard, the President of the Exchange may increase the
CQL in exceptional circumstances, which are defined in the rule as
``substantial trading volume, whether actual or expected.'' \6\ The
effect of an increase in the CQL is procompetitive in that it increases
the number of market participants that may quote electronically in a
product. The purpose of this filing is to increase the CQL in the
following option classes as described below:
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    \6\ ``Any actions taken by the President of the Exchange
pursuant to this paragraph will be submitted to the SEC in a rule
filing pursuant to Section 19(b)(3)(A) of the Exchange Act.'' Rule
8.3A.01(c).

------------------------------------------------------------------------
                                                     Current
                   Option class                        CQL      New  CQL
------------------------------------------------------------------------
Goldman Sachs Group Inc (GS)......................         45         60
Bear Stearns Companies (BSC)......................         35         50
Crocs Inc. (CROX).................................         35         50
Petro Bras Sa Petrobas A (PBR)....................         30         50
First Solar, Inc. (FSLR)..........................         30         50
Focus Media Holding Ltd. (FMCN)...................         30         50
China Mobile Limited (CHL)........................         25         50
Dryships Inc. (DRYS)..............................         25         50
Petrochina Co Ltd ADS (PTR).......................         25         50
JA Solar Holdings Co. (JASO)......................         25         50
Trina Solar Ltd. (TSL)............................         25         50
LDK Solar Co. Ltd (LDK)...........................         25         50
China Digital TV Holding Co., Ltd. (STV)..........         25         50
China Sunergy Co., Ltd. (CSUN)....................         25         50
------------------------------------------------------------------------

    The trading volume in these option classes recently has increased
substantially. Increasing the CQL in these classes will enable the
Exchange to enhance the liquidity offered, thereby offering deeper and
more liquid markets. The Exchange represents that it has the systems
capacity to support this increase in the CQLs.
2. Statutory Basis
    Accordingly, CBOE believes the proposed rule change is consistent
with the Act and the rules and regulations under the Act applicable to
a national

securities exchange and, in particular, the requirements of Section
6(b) of the Act.\7\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \8\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78(f)(b).
    \8\ 15 U.S.C. 78(f)(b)(5).
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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.

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

    The Exchange neither received nor solicited written comments on the
proposal.

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

    The foregoing proposed rule change will take effect upon filing
with the Commission pursuant to Section 19(b)(3)(A)(i) of the Act \9\
and Rule 19b-4(f)(1) thereunder,\10\ because it constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(i).
    \10\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2007-126 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-126. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CBOE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2007-126 and should be
submitted on or before December 6, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority. \11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22337 Filed 11-14-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61741-61742]
[DOCID:fr06oc10-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

September 20, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP10-1305-000.
    Applicants: Venice Gathering System, L.L.C.
    Description: Venice Gathering System, L.L.C. submits tariff filing
per 154.203: NAESB 1.9 Compliance Filing to be effective 11/1/2010.
    Filed Date: 09/15/2010.
    Accession Number: 20100915-5212.
    Comment Date: 5 p.m. Eastern Time on Monday, September 27, 2010.

    Docket Numbers: RP10-1306-000.
    Applicants: Black Marlin Pipeline Company.
    Description: Black Marlin Pipeline Company submits tariff filing
per 154.203: Baseline Tariff Resubmittal to be effective 8/26/2010.

    Filed Date: 09/16/2010.
    Accession Number: 20100916-5133.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 28, 2010.

    Docket Numbers: RP10-1307-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.403: Interim TEP Tracker Filing to be effective
10/17/2010.
    Filed Date: 09/16/2010.
    Accession Number: 20100916-5137.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 28, 2010.

    Docket Numbers: RP10-1308-000.
    Applicants: National Grid LNG, LP.
    Description: National Grid LNG, LP submits First Revised Sheet No.
31 et al. to FERC Gas Tariff, Fourth Revised Volume No. 1, effective
11/1/10.
    Filed Date: 09/16/2010.
    Accession Number: 20100917-0201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 28, 2010.

    Docket Numbers: RP10-1309-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Dominion Cove Point LNG, LP submits tariff filing per
154.203: DCP--Revenue Crediting Report to be effective N/A.
    Filed Date: 09/17/2010.
    Accession Number: 20100917-5087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 29, 2010.

    Docket Numbers: RP10-1310-000.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Company submits tariff filing
per 154.204: Exhibit A Filing to be effective 9/22/2010.
    Filed Date: 09/17/2010.
    Accession Number: 20100917-5150.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 29, 2010.

    Docket Numbers: RP10-1311-000.
    Applicants: El Paso Natural Gas Company.
    Description: El Paso Natural Gas Company submits tariff filing per
154.204: Non-Conforming Agreements to be effective 10/18/2010.
    Filed Date: 09/17/2010.
    Accession Number: 20100917-5171.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 29, 2010.

    Docket Numbers: RP10-1312-000.
    Applicants: KO Transmission Company.
    Description: KO Transmission Company submits tariff filing per
154.203: Baseline Filing to be effective 9/20/2010.
    Filed Date: 09/20/2010.
    Accession Number: 20100920-5047.
    Comment Date: 5 p.m. Eastern Time on Monday, October 04, 2010.

    Docket Numbers: CP10-500-000.
    Applicants: Enbridge Offshore Pipelines (UTOS) LLC.
    Description: Application for Abandonment of Rate Schedule X-1 of
Enbridge Offshore Pipelines (UTOS) LLC.
    Filed Date: 09/17/2010.
    Accession Number: 20100917-5146.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 29, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-25077 Filed 10-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44097-44098]
[FR Doc No: 2020-15759]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-D-1317]

Appeal Options Available to Mammography Facilities Concerning
Adverse Accreditation Decisions, Suspension/Revocation of Certificates,
or Patient and Physician Notification Orders; Draft Guidance for
Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Appeal Options
Available to Mammography Facilities Concerning Adverse Accreditation
Decisions, Suspension/Revocation of Certificates, or Patient and
Physician Notification Orders.'' This guidance document describes the
processes available to mammography facilities to request additional
review of an adverse appeals decision on a facility's accreditation,
and/or a suspension or revocation of certificate, and/or a patient and
physician notification order. This guidance, when final, will supersede
section 4.5 of the Center for Devices and Radiological Health (CDRH)
Appeals Processes guidance document dated July 2, 2019. This draft
guidance is not final nor is it in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by September 21, 2020 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-D-1317 for ``Appeal Options Available to Mammography
Facilities Concerning Adverse Accreditation Decisions, Suspension/
Revocation of Certificates, or Patient and Physician Notification
Orders.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Appeal Options Available to Mammography Facilities Concerning Adverse
Accreditation Decisions, Suspension/Revocation of Certificates, or
Patient and Physician Notification Orders'' to the Office of the Center
Director, Guidance and Policy Development, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
request.

FOR FURTHER INFORMATION CONTACT: Abiy Desta, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 32, Rm. 4282, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Mammography Quality Standards Act (42 U.S.C. 263b), all
mammography facilities, except facilities of the Department of Veteran
Affairs, must be accredited by an approved accreditation body and
certified by FDA (or an approved State certification agency) to provide
mammography services (42 U.S.C. 263b(b)(1) and (d)(1)(iv)). For a
facility to be certified it must meet certain requirements including:
be accredited by an FDA-approved accreditation body; undergo periodic
review of its clinical

images by its accreditation body; have an annual survey by a medical
physicist; meet federally developed quality standards for personnel
qualifications, equipment, radiation dose, quality assurance programs,
recordkeeping, and reporting; and undergo periodic inspection to assure
it meets the federally developed quality standards.
    This guidance document describes the processes available to
mammography facilities to request additional review of an adverse
appeals decision on a facility's accreditation and/or a suspension or
revocation of certificate, and/or a patient and physician notification
order. It provides general information about each process, as well as
guidance on how to submit related requests to the Division of
Mammography Quality Standards and FDA. This guidance, when final, will
supersede section 4.5 of the CDRH Appeals Processes guidance document
dated July 2, 2019 (https://www.fda.gov/regulatory-information/search-fda-guidance-documents/center-devices-and-radiological-health-cdrh-appeals-processes).
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Appeal
Options Available to Mammography Facilities Concerning Adverse
Accreditation Decisions, Suspension/Revocation of Certificates, or
Patient and Physician Notification Orders.'' It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all CDRH guidance documents is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This guidance document is also available
at https://www.regulations.gov. Persons unable to download an
electronic copy of ``Appeal Options Available to Mammography Facilities
Concerning Adverse Accreditation Decisions, Suspension/Revocation of
Certificates, or Patient and Physician Notification Orders'' may send
an email request to<EMAIL_ADDRESS>to receive an electronic
copy of the document. Please use the document number 19004 and complete
title to identify the guidance you are requesting.

III. Paperwork Reduction Act of 1995

    FDA tentatively concludes that this draft guidance contains no
collection of information. Therefore, clearance by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501-3521) is not required.
    However, this draft guidance refers to previously approved FDA
collections of information. These collections of information are
subject to review by OMB under the PRA. The collections of information
in the following FDA regulation and guidance have been approved by OMB
as listed in the following table:

------------------------------------------------------------------------
     21 CFR part or guidance              Topic          OMB control No.
------------------------------------------------------------------------
``Guidance for Industry and Food   Appeals Process....         0910-0738
 and Drug Administration Staff;
 Center for Devices and
 Radiological Health Appeals
 Processes``.
900..............................  Mammography                 0910-0309
                                    Facilities.
------------------------------------------------------------------------

    Dated: July 15, 2020.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2020-15759 Filed 7-20-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11309-11311]
[FR Doc No: 2016-04638]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77247; File No. SR-ISE Gemini-2015-17]

Self-Regulatory Organizations; ISE Gemini, LLC; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Amend Rule 804(g)

February 26, 2016.

I. Introduction

    On November 12, 2015, the ISE Gemini, LLC (``ISE Gemini'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ``Act'') \1\ and Rule 19b-4

thereunder,\2\ a proposed rule change to require Clearing Member \3\
approval for a market maker to resume trading after the activation of a
market-wide speed bump under ISE Gemini Rule 804(g). The proposed rule
change was published for comment in the Federal Register on November
30, 2015.\4\ On January 13, 2016, the Commission extended the time
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change to February 28, 2016.\5\ The
Commission did not receive any comments on the proposed rule change.
This order institutes proceedings under Section 19(b)(2)(B) of the Act
\6\ to determine whether to approve or disapprove the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ A ``Clearing Member'' is a Member that is self-clearing or
an Electronic Access Member that clears transactions for other
members of the Exchange. See ISE Gemini Rule 100(a)(9). An
``Electronic Access Member'' is an Exchange Member that is approved
to exercise trading privileges associated with EAM Rights. See
Article XIII, Section 13.1(j) of the Constitution of ISE Gemini.
    \4\ See Securities Exchange Act Release No. 76505 (November 23,
2015), 80 FR 74824 (November 30, 2015) (``Notice'').
    \5\ See Securities Exchange Act Release No. 76894 (January 13,
2016), 81 FR 3218 (January 20, 2016).
    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposal

    Pursuant to ISE Gemini Rule 804(g)(1), the Exchange requires market
makers \7\ to provide parameters according to which the Exchange will
automatically remove a market maker's quotations in all series of an
options class. Additionally, the Exchange requires market makers to
provide a market-wide parameter according to which the Exchange will
automatically remove a market maker's quotes in all classes when,
during a time period established by the market maker, the total number
of quote removal events (or ``curtailment events'') specified in Rule
804(g)(1) exceed such specified market-wide parameter.\8\ The latter
market-wide risk management functionality is known as a ``market-wide
speed bump'' and is available for quotes only on ISE Gemini or across
both ISE Gemini and ISE Gemini's affiliated exchange, International
Securities Exchange, LLC.\9\
---------------------------------------------------------------------------

    \7\ ISE Gemini has two categories of market makers: Primary
Market Makers (``PMMs'') and Competitive Market Makers (``CMMs''). A
PMM is appointed to each options class traded on the Exchange but a
CMM may or may not be appointed to each such options class. See ISE
Gemini Rule 802.
    \8\ See ISE Gemini Rule 804(g)(2).
    \9\ Id.
---------------------------------------------------------------------------

    Currently, if ISE Gemini's trading system removes all of a market
maker's quotes because a market-wide speed bump is triggered, the
market maker may re-enter the market and resume trading upon
notification to the Exchange's Market Operations.\10\ The Exchange now
proposes to amend ISE Gemini Rule 804(g)(2) to require Clearing Member
approval before a market maker can resume trading.\11\ Specifically,
following a market-wide speed bump, the proposed rule requires a market
maker to notify its Clearing Member(s) when it is ready to resume
trading and requires each applicable Clearing Member to inform the
Exchange directly when its authorization has been given for the market
maker to resume trading.\12\ In order to ``facilitate a better response
time'' from Clearing Members, so that a market maker can re-enter the
market, the proposal also allows Exchange staff to notify Clearing
Member(s) when a market maker's quotes have been removed pursuant to
the market-wide speed bump.\13\
---------------------------------------------------------------------------

    \10\ See Notice, supra note 4, at 74824.
    \11\ See proposed Rule 804(g)(2).
    \12\ See id.
    \13\ See id.
---------------------------------------------------------------------------

    The Exchange believes that it is appropriate to require Clearing
Member approval before a market maker can re-enter the market after a
market-wide speed bump because the Clearing Member guarantees the
market maker's trades and bears the ultimate financial risk associated
with those transactions. The Exchange notes that, while not all market
makers are Clearing Members, all market makers require a Clearing
Member's consent to clear transactions on their behalf in order to
conduct business on the Exchange.\14\ According to the Exchange, the
proposed rule change will permit Clearing Members to better monitor and
manage the potential risks assumed by a market maker and provide
Clearing Members with greater control and flexibility over their risk
tolerance and exposure.\15\
---------------------------------------------------------------------------

    \14\ Each market maker authorized to trade on the Exchange must
obtain from a Clearing Member a ``Market Maker Letter of Guarantee''
wherein the Clearing Member accepts financial responsibility for all
Exchange transactions made by the market maker. See ISE Gemini Rule
808.
    \15\ See Notice, supra note 4, at 74825. Under ISE Gemini's
current rules, the Exchange may share any Member-designated risk
settings in the trading system with the Clearing Member that clears
transactions on behalf of the Member. See ISE Gemini Rule 706(a).
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-ISE
Gemini-2015-17 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \16\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change, as discussed below.
Institution of proceedings does not indicate that the Commission has
reached any conclusions with respect to any of the issues involved.
Rather, as described in greater detail below, the Commission seeks and
encourages interested persons to provide additional comment on the
proposed rule change.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B). Section 19(b)(2)(B) of the Act also
provides that proceedings to determine whether to disapprove a
proposed rule change must be concluded within 180 days of the date
of publication of notice of the filing of the proposed rule change.
See id. The time for conclusion of the proceedings may be extended
for up to 60 days if the Commission finds good cause for such
extension and publishes its reasons for so finding. See id.
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act, the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings because the proposal raises
important issues that warrant further public comment and Commission
consideration. Specifically, the Commission is instituting proceedings
to allow for additional analysis of, and input from commenters with
respect to, the proposed rule change's consistency with Section 6(b)(5)
of the Act,\17\ which requires that the rules of a national securities
exchange be designed, among other things, to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Under ISE Gemini's current rules, a market maker must enter
continuous quotations for the options classes to which it is
appointed.\18\ In return, the market maker receives certain benefits,
including participation entitlements \19\ and an exception from the
prohibition in Section 11(a) of the Act.\20\ As the Commission has
stated in the past, a market maker must be subject to sufficient and
commensurate affirmative obligations, including the obligation to hold
itself out as willing to buy and sell options for its own account on a
regular or continuous basis, to justify favorable

treatment.\21\ As discussed above, however, the Exchange now proposes
to amend ISE Gemini Rule 804(g) to require Clearing Member approval
before a market maker can resume trading after triggering a market-wide
speed bump.
---------------------------------------------------------------------------

    \18\ See ISE Gemini Rule 804(e).
    \19\ See, e.g., ISE Gemini Rule 713.
    \20\ 15 U.S.C. 78k(a).
    \21\ See, e.g., Securities Exchange Act Release No. 68341
(December 3, 2012), 77 FR 73065, 73076 (December 7, 2012) (approving
the application of Miami International Securities Exchange, LLC for
registration as a national securities exchange); Securities Exchange
Act Release No. 70050 (July 26, 2013), 78 FR 46622 (August 1, 2013)
(approving the application of Topaz Exchange, LLC for registration
as a national securities exchange); Securities Exchange Act Release
No. 76998 (January 29, 2016), 81 FR 6066 (February 4, 2016)
(approving the application of ISE Mercury, LLC for registration as a
national securities exchange).
---------------------------------------------------------------------------

    The Exchange justifies the change as appropriate because, ``[w]hile
in some cases this may result in a minimal delay for a market maker
that wants to reenter the market quickly following a market-wide speed
bump, the Exchange believes that Clearing Member approval . . .
ensure[s] that the market maker does not prematurely enter the market
without adequate safeguards . . .'' \22\ The Exchange, however, does
not provide any basis for its statement that the proposed rule would
result in only a ``minimal delay'' for a market maker seeking to resume
quoting. Moreover, the Exchange does not address how the proposal
impacts the continuous quoting obligations of market makers. The
Commission accordingly believes the proposed rule change raises
questions regarding the ability of market makers to meet their quoting
obligations and, therefore, whether the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.
---------------------------------------------------------------------------

    \22\ See Notice, supra note 4, at 74825.
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data and arguments with respect to the
concerns identified above, as well as any other concerns they may have
with the proposed rule change. In particular, the Commission invites
the written views of interested persons concerning whether the proposal
is consistent with Sections 6(b)(5) \23\ or any other provision of the
Act, or the rules and regulations thereunder. Although there does not
appear to be any issue relevant to approval or disapproval which would
be facilitated by an oral presentation of views, data, and arguments,
the Commission will consider, pursuant to Rule 19b-4 under the Act,\24\
any request for an opportunity to make an oral presentation.\25\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b)(5).
    \24\ 17 CFR 240.19b-4.
    \25\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975), grants to the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by March 24, 2016. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by April 7,
2016. In light of the concerns raised by the proposed rule change, as
discussed above, the Commission invites additional comment on the
proposed rule change as the Commission continues its analysis of the
proposed rule change's consistency with Sections 6(b)(5) and
6(b)(8),\26\ or any other provision of the Act, or the rules and
regulations thereunder. The Commission asks that commenters address the
sufficiency and merit of the Exchange's statements in support of the
proposed rule change, in addition to any other comments they may wish
to submit about the proposed rule change.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b)(5), (b)(8).
---------------------------------------------------------------------------

    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-ISE Gemini-2015-17 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-ISE Gemini-2015-17. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE Gemini-2015-17 and
should be submitted by March 24, 2016. Rebuttal comments should be
submitted by April 7, 2016.
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-04638 Filed 3-2-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Notices]
[Pages 28649-28653]
[FR Doc No: 2012-11687]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66950; File No. SR-EDGA-2012-17]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amending Certain Sections of Its Current Bylaws

May 9, 2012.
    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 April 25, 2012, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the Exchange. The
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 certain sections of the Amended and
Restated Bylaws of EDGA Exchange, Inc. (the ``Current Bylaws'') to
conform with the Exchange's current corporate governance practices. The
text of the proposed rule change is attached as Exhibit 5 and is
available on the Exchange's Web site at www.directedge.com, at the
Exchange's principal office, and at the Public Reference Room of the
Commission.

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 self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange proposes to amend certain sections of the Current
Bylaws to conform with the Exchange's current corporate governance
practices. In addition, the Exchange proposes to address other non-
substantive revisions to reflect changes since the Securities and
Exchange Commission (the ``SEC'' or the ``Commission'') granted the
Exchange's registration as a national securities exchange in March
2010.\3\
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Act Release No. 61698 (March 12,
2010), 75 FR 13151 (March 18, 2010).
---------------------------------------------------------------------------

Board of Directors
    Article III, Section 5 of the Current Bylaws state that the Chief
Executive Officer shall also be the Chairman of the Board of Directors
(the ``Board''). The Exchange proposes to revise this provision in the
New Bylaws to state, ``[t]he Directors shall choose among themselves
who will be the Chairman of the Board (the ``Chairman''), who may also
be the Chief Executive Officer,'' because the Exchange believes
separating the two roles is a good corporate governance practice and
provides the Board additional flexibility when determining the
Chairman. In addition, the Exchange proposes to add clarifying language
that states that if the Chief Executive Officer or other member of
management of the Exchange is the Chairman, then he or she shall not
participate in executive sessions of the Board. The Exchange believes
this amendment helps to preserve the purpose of the executive session,
which is for the Board to meet without the Exchange's management
present. Similarly, the Exchange proposes to make a conforming
amendment to Article VII, Section 6, to provide that the Chief
Executive Officer may be the Chairman of the Board.
Committees of the Board
    The Exchange's Board consists of an Appeals Committee, an Audit
Committee, a Compensation Committee, an Executive Committee and a
Regulatory Oversight Committee (collectively, the ``Board
Committees''). In Article V, the Exchange proposes to amend the Current
Bylaws to more fully describe the responsibilities of the Board
Committees and to be consistent with the provisions of the Board
Committees' charters.
    In Article V, Section 5(a), the Exchange proposes to amend the
Current Bylaws to state that the Compensation Committee is also
responsible for assisting the Board in fulfilling its responsibilities
to ensure the structures of compensation systems of the Exchange do not
interfere with the Exchange's ability to fulfill its responsibilities
as a Self Regulatory Organization (``SRO'').
    In Article V, Section 5(b) (proposed to be re-numbered as Section
5(b)(i)-(vii)), the Exchange proposes to amend the Current Bylaws to
state that the Audit Committee is also responsible for assisting the
Board in fulfilling its responsibilities to oversee the financial
soundness and compliance resources and the effectiveness of financial
and compliance control processes related to the operation of the
Exchange; taking appropriate actions to oversee overall corporate
policy for quality activities and reporting of a SRO, sound business
risk management practices and ethical behavior; overseeing all
activities of the Exchange's internal audit function, including
management's responsiveness to internal audit recommendations and
selecting and replacing and determining the compensation of the head of
the Internal Audit Department (or if such

position is outsourced, selecting and replacing and determining the
compensation of the third party provider), in consultation with
management; and overseeing enterprise risk and technology operations,
including security and business continuity measures. The Exchange also
proposes to amend the language in Article V, Section 5(b)(iv) and (v),
respectively, to elaborate on the Audit Committee's responsibility to
provide oversight over the systems of internal controls, technology and
information integrity established by management and the Board and the
Exchange's legal and compliance process as well as to further clarify
the Audit Committee's responsibilities around independent auditors.
    In Article V, Section 5(c), the Exchange proposes to amend the
Current Bylaws to elaborate on the Regulatory Oversight Committee's
duties to assist the Board in fulfilling its responsibilities to
oversee the adequacy and effectiveness of the Exchange's regulatory and
SRO responsibilities, including those responsibilities with regard to
each of its facilities, as defined in Section 3(a)(2) of the Securities
and Exchange Act of 1934 (the ``Act''). The Exchange also proposes to
amend the language in Article V, Section 5(c) to clarify that the
Regulatory Oversight Committee's responsibility to oversee the overall
effectiveness of the Exchange's performance of its regulatory
functions.
    In Article V, Section 5(e), the Exchange proposes to amend the
Current Bylaws to clarify that the Executive Committee is also
responsible for facilitating coordination of the Board processes among
other things.
Committees of the Exchange
    The Exchange proposes to amend the title of Article VI from
``Nominating and Governance Committees'' to ``Committees of the
Exchange'' in the New Bylaws because this section includes the
Nominating and Governance Committees and the Exchange Member Nominating
Committee.
    In Article VI, Section 2, the Exchange proposes to amend the
Current Bylaws to elaborate on the Nominating and Governance
Committee's responsibilities to develop and recommend governance
policies to the Board and to oversee an orientation for new Directors.
The Exchange also proposes to amend the language in Article VI, Section
2 to clarify that the Nominating and Governance Committee nominates
Director candidates and chairpersons to serve on the Board's Committee.
Other non-substantive grammatical and stylistic changes are also
proposed.
    In Article VI, Section 3, the Exchange proposes to amend the
Current Bylaws to state that the Exchange Member Nominating Committee
is also responsible for nominating candidates for all other vacant or
new Exchange Member Director positions on the Board.
Officers, Agents and Employees
    Article VII of the Current Bylaws state that the officers of the
Exchange include a President, Vice President, Assistant Secretary,
Treasurer and Assistant Treasurer, among others. However, the Exchange
has not now or ever designated a person to be a President, Vice
President, Assistant Secretary, Treasurer or Assistant Treasurer. In
addition, the duties enumerated in the Current Bylaws are currently
performed by other employees at the Exchange. Specifically, the Chief
Executive Officer has general supervision over the operations of the
Exchange. In addition, the Chief Executive Officer will delegate to
certain Exchange employees the powers and duties usually incident to
the office of President and Vice President in the event of the Chief
Executive Officer's absence. Therefore, the Exchange proposes deleting
the provisions in Article VII, Sections 7 and 8 that refer to the
responsibilities of the President and the Vice President since these
responsibilities are included within the role of the Chief Executive
Officer, which is generally described in Article VII, Section 6.
    In addition, the Secretary will delegate to certain Exchange
employees the powers and duties usually incident to the office of
Secretary in the event of the Secretary's absence. Therefore, the
Exchange proposes deleting the provisions in Article VII, Section 11
that refers to the responsibilities of the Assistant Secretary.
Similarly, the Exchange proposes making a non-substantive stylistic
change to move the placement of the reference to the ``Secretary'' in
Article VII, Section 1.
    Lastly, the Chief Financial Officer has general supervision over
the powers and duties usually incident to the office of the Treasurer.
The Board approves the appointment of a Chief Financial Officer in the
form of a Board resolution annually. In addition, the Chief Financial
Officer will delegate to certain Exchange employees the powers and
duties usually incident to the office of Treasurer and Assistant
Treasurer in the event of the Chief Financial Officer's absence.
Therefore, the Exchange proposes deleting the provisions in Article
VII, Sections 12 and 13 that refer to the responsibilities of the
Treasurer and Assistant Treasurer. Similarly, the Exchange proposes
making a conforming amendment to delete the reference to the Treasurer
in Article VII, Section 1.
    In addition, the Exchange proposes to replace references to the
President with the Chief Executive Officer, where applicable, given
that the Exchange does not have a President and this is generally one
of the powers or duties that is incident to the office of the Chief
Executive Officer. The Exchange's proposed revisions include the
following specific amendments:
    Article III, Section 7(b) of the Current Bylaws states, ``Any
Director may resign at any time either upon notice of resignation to
the Chairman, the President or the Secretary.'' The Exchange proposes
to replace the reference to ``the President'' with ``the Chief
Executive Officer,'' given that the Exchange does not have a President
and this is generally one of the powers or duties that is incident to
the office of the Chief Executive Officer.
    Article III, Section 10(a) of the Current Bylaws states, ``Special
meetings of the Board may be called on a minimum of two (2) days notice
to each Director by the Chairman or the President, and shall be called
by the Secretary upon the written request of three (3) Directors then
in office.'' The Exchange proposes to replace the reference to ``the
President'' with ``the Chief Executive Officer,'' given that the
Exchange does not have a President and this is generally one of the
powers or duties that is incident to the office of the Chief Executive
Officer.
    Article IV, Section 2 of the Current Bylaws states, ``Special
meetings of the stockholders, for any purpose or purposes, may be
called by the Chairman, the Board or the President, and shall be called
by the Secretary at the request in writing of stockholders owning not
less than a majority of the then issued and outstanding capital stock
of the Company entitled to vote.'' The Exchange proposes to replace the
reference to ``the President'' with the ``Chief Executive Officer,''
given that the Exchange does not have a President and this is generally
one of the powers or duties that is incident to the office of the Chief
Executive Officer.
    Article VII, Section 1 of the Current Bylaws states, ``The officers
of the Company shall include a Chief Executive Officer, a President, a
Chief Regulatory Officer, a Secretary, a Treasurer and such other
officers as in the Board's opinion are desirable for the conduct of the
business of the Company.

Any two or more offices may be held by the same person, except that the
offices of the President and Secretary may not be held by the same
person.'' The Exchange proposes to delete the references to the
Treasurer and to replace the reference to ``the President'' with ``the
Chief Executive Officer,'' given that the Exchange does not have a
President and this is generally one of the powers or duties that is
incident to the office of the Chief Executive Officer.
    Article VII, Section 3 of the Current Bylaws states, ``Any officer
may resign at any time upon notice of resignation to the Chairman, the
President or the Secretary.'' The Exchange proposes to replace the
reference to ``the President'' with ``the Chief Executive Officer,''
given that the Exchange does not have a President and this is generally
one of the powers or duties that is incident to the office of the Chief
Executive Officer. In addition, the Exchange proposes to add language
stating that an officer may also resign to a designee of the Board, if
none such officers are then-appointed, in order to improve the
Exchange's governance framework by providing for an additional option
should the Chief Executive Officer or Secretary not be appointed at the
time of the officer's resignation.
    In addition, in Article VII, Section 9 (proposed to be re-numbered
as Section 7), the Exchange proposes to make conforming amendments to
delete the references to ``Executive Vice President'' or ``Senior Vice
President'' to describe the type of officer that may be designated as
the Chief Regulatory Officer.

Article XI: Miscellaneous Provisions

    In Article XI, Section 7(a) (proposed to be re-numbered as Section
6(a)), the Exchange proposes to specifically identify the persons
authorized as signatories of all checks, drafts, bills of exchange,
notes or other obligations or orders for the payment of money that are
signed in the name of the Exchange. The New Bylaws will state, ``All
checks, drafts, bills of exchange, notes or other obligations or orders
for the payment of money shall be signed in the name of the Company by
such officer or officers or person or persons as the Board, or a duly
authorized committee thereof, may from time to time designate, or by
the Chief Executive Officer, the Chief Regulatory Officer, the
Secretary or such other officer or officers or person or persons as the
Chief Executive Officer, the Chief Regulatory Officer or the Secretary
may from time to time designate (collectively, the ``Authorized
Officers'').'' The Exchange proposes to make conforming amendments to
the provisions in Article XI, Section 7(b) (proposed to be re-numbered
as Section 6(b)) in order to permit any Authorized Officer of the
Exchange to execute all applications, written instruments and papers
required by any department of the United States government or by any
state, county, municipal or other governmental authority in the name of
the Company.
    The Current Bylaws do not address stock certificates and
uncertificated shares. Therefore, the Exchange proposes to add Article
XI, Section 10 in the New Bylaws to state, ``[t]he shares of the
Exchange may be represented by certificates, provided that the Board
may provide by resolution that some or all of any or all classes or
series of the Exchange's stock shall be uncertificated shares. Every
holder of stock of the Exchange represented by certificates shall
otherwise be entitled to have a certificate, in such form as may be
prescribed by law and by the Board, representing the number of shares
held by such holder registered in certificate form. Each such
certificate (if any) shall be signed in a manner that complies with
Section 158 of the DGCL.'' \4\
---------------------------------------------------------------------------

    \4\ The DGCL refers to Delaware General Corporation Law.
---------------------------------------------------------------------------

Miscellaneous Non-Substantive Changes
    In addition to the changes set forth above, the Exchange proposes
to make the following non-substantive changes to the Current Bylaws.
    The Exchange proposes to include the date that the Current Bylaws
were amended on the title page to notify Members of the effective date
of the New Bylaws.
    The Exchange proposes to re-number various sections of the Current
Bylaws in order to eliminate gaps in the numbering and/or lettering of
the sections resulting from the proposed revisions as described in
Exchange's rule filing.
    The Exchange proposes to delete the defined terms ``broker'' in
Article I, paragraph (d), and ``dealer'' in Article I, paragraph (j)
since neither term is referenced again in the Current Bylaws.
    The Exchange proposes to amend the reference to the ``Holdings
Operating Agreement'' in Article I, paragraph (u) (proposed to be re-
numbered as paragraph (s)), to notify Members that the Fifth Amended
and Restated Limited Liability Company Operating Agreement of Direct
Edge Holdings LLC, that was revised on June 12, 2010, is currently in
effect.
    In Article I, paragraph (v) (proposed to be re-numbered as
paragraph (t)), the Exchange proposes to replace the reference to the
``EDGA Exchange, Inc.'' with ``EDGX Exchange, Inc.'' to correct a
typographical error.
    The Exchange proposes to delete dated references to time periods
and events that have expired since the proposal of the New Bylaws.
Specifically, the Exchange proposes to delete references to the
Operational Date in Article I, paragraph (y) and Article XI, Section 1
because the Commission granted the Exchange's registration as a
national stock exchange on March 12, 2010.\5\ Therefore, these
references to the Operational Date are obsolete.
---------------------------------------------------------------------------

    \5\ See also, supra note 3.
---------------------------------------------------------------------------

    Similarly, the Exchange proposes to delete provisions regarding the
initial Board in Article III, Section 2(a), and the initial Nominating
and Governance Committee and the initial Exchange Member Nominating
Committee in Article VI, Section 1, since these appointments have
already occurred. Similarly, the Exchange proposes deleting Exhibits A
and B in the Current Bylaws as this information is obsolete. The
Exchange proposes to omit Exhibits A and B in the New Bylaws because
the Exchange updates this information through the Commission's Form 1
amendment (Exhibits C and J),\6\ which is submitted to the Commission
within 10 days of a change to the Board of Directors or Committee
members.
---------------------------------------------------------------------------

    \6\ The Exchange regularly updates its Form 1 application
pursuant to Rule 6a-2 of the Act.
---------------------------------------------------------------------------

    The Exchange proposes to correct a typographical error in Article
I, paragraph (cc) (proposed to be re-numbered as paragraph (z)), by
referencing ``an'' Exchange in the New Bylaws.
    The Exchange proposes to correct a typographical error by deleting
``and Governance'' in Article III, Section 6(b) when identifying the
Exchange Member Nominating Committee.
    The Exchange proposes to insert ``of'' and delete ``or'' in Article
IX, Section 3(a) to correct a typographical error. Therefore, the New
Bylaws will state, ``* * * the trading in, or operation of, the
national securities exchange operated by the Company or any other
organized securities markets that may be operated by the Company, the
operation of any automated system owned or operated by the Company, and
the participation in any such system of any or all Persons or the
trading therein of any or all securities * * *'' (emphasis added).
    In Article XI, Section 9 (proposed to be re-numbered as Section 8),
the Exchange proposes to clarify that ``PDF or similar transmission,''
where the

receipt can be confirmed, will satisfy the notice requirement.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of Section 6(b)(1) of the Act,\7\ in general, and furthers
the objectives of Section 6(b)(1) of the Act and Section 6(b)(5) \8\ of
the Act in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Act and to comply, and to enforce compliance by its Members and
persons associated with its Members, with the provisions of the Act,
the rules and regulations thereunder, and the rules of the Exchange;
and to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, and to remove
impediments to, and perfect the mechanism of, a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(1).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the proposed amendments to certain provisions will
conform the Current Bylaws with the Exchange's current corporate
governance practices. In addition, the Exchange's proposed amendments
address other non-substantive revisions to reflect changes since the
Commission granted the Exchange's registration as a national securities
exchange in March 2010.\9\
---------------------------------------------------------------------------

    \9\ See also, supra note 3.
---------------------------------------------------------------------------

    In addition, these proposed amendments will improve efficiency and
coordination among the Board and its Committee's by revising the
Current Bylaws to clearly delineate each Committee's responsibilities.
The proposed amendments will also benefit the Exchange and its Members
because the New Bylaws will reflect the current governance structure,
including the responsibilities of its officers thereby increasing the
transparency of this process.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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) \10\ of the Act and Rule 19b-4(f)(6) \11\ thereunder. The
proposed rule change effects a change that (A) does not significantly
affect the protection of investors or the public interest; (B) does not
impose any significant burden on competition; and (C) by its terms,
does not become operative for 30 days after the date of the filing, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest; provided that the
self-regulatory organization has given the Commission written notice of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule change,
or such shorter time as designated by the Commission.\12\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange provided the Commission with written notice of its
intent to file the proposed rule change, along with a brief description
and text of the proposed rule change, at least five business days prior
to the date of filing.
    The proposed amendments to certain provisions of the Current Bylaws
are designed to conform with the Exchange's current corporate
governance practices. In addition, the Exchange's proposed amendments
address other non-substantive revisions to reflect changes since the
Commission granted the Exchange's registration as a national securities
exchange in March 2010.\13\ For the foregoing reasons, this rule
qualifies as a ``non-controversial'' rule change under Rule 19b-
4(f)(6), which renders the proposed rule change effective upon filing
with the Commission.
---------------------------------------------------------------------------

    \13\ See also, supra note 3.
---------------------------------------------------------------------------

    EDGA further requests that the Commission waive the 30-day
operative delay period after which a proposed rule change under Rule
19b-4(f)(6) becomes operative. The Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest. It will enable the Exchange to immediately
adopt the New Bylaws which should provide an enhanced, more transparent
governance structure for the Exchange and its Members. The Commission
designates the proposed rule change as 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-EDGA-2012-17 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-EDGA-2012-17. 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGA-2012-17 and should be
submitted on or before June 5, 2012.

    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. 2012-11687 Filed 5-14-12; 8:45 am]
BILLING CODE 8011-01-P