[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59015-59016]
[FR Doc No: 2021-23008]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0674; Airspace Docket No. 21-ASW-14]
RIN 2120-AA66

Amendment Class D and Class E Airspace; Ardmore, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace at
Ardmore, OK. This action is the result of an airspace review due to the
decommissioning of the Arbuckle non-directional beacon (NDB). The
geographic coordinates of the airport would also be updated to coincide
with the FAA's aeronautical database.

DATES: Effective 0901 UTC, January 27, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA JO Order 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA JO Order 7400.11 is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class D airspace, the Class E airspace area designated
as an extension to Class D airspace, and the Class E airspace extending
upward from 700 feet above the surface at Ardmore Municipal Airport,
Ardmore, OK, and the Class E airspace extending upward from 700 feet
above the surface at Ardmore Downtown Executive Airport, Ardmore, OK,
to support instrument flight rule operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 48088; August 27, 2021) for Docket No. FAA-2021-0674 to
amend the Class D and Class E airspace at Ardmore, OK. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class D and Class E airspace designations are published in
paragraph 5000, 6004, and 6005, respectively, of FAA Order JO 7400.11F,
dated August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA JO Order 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class D airspace to within a 4.3-mile (increased from a
4.2-mile) radius of Ardmore Municipal Airport, Ardmore, OK; updates the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database; and replaces the outdated term ``Airport/
Facility Directory'' with ``Chart Supplement'';
    Amends the Class E airspace area designated as an extension to
Class D airspace at Ardmore Municipal Airport to within 1.4 (increased
from 1.3) miles each side of the Ardmore VORTAC 050[deg] (previously
056[deg]) radial extending from the 4.3-mile (increased from 4.2-mile)
radius of airport to 7.4 (decreased from 8.4) miles southwest of
airport; updates the geographic coordinates of the airport to coincide
with the FAA's aeronautical database; and replaces the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    And amends the Class E airspace extending upward from 700 feet
above the surface at Ardmore Municipal Airport by adding an extension
within 1.5 miles each side of the Ardmore VORTAC 050[deg] radial
extending from the 6.8-mile radius of the airport to 8.4 miles
southwest of the airport; amending the northwest extension to within
1.1 miles each side of the 315[deg] bearing from the airport extending
from the 6.8-mile radius of the airport to 7 (increased from 6.9) miles
northwest of

the airport; updates the geographic coordinates of the airport to
coincide with the FAA's aeronautical database; and removes the
extension northwest of the Ardmore VORTAC as it is no longer required.
    These actions are the result of airspace reviews caused by the
decommissioning of the Arbuckle NDB which provided guidance to
instrument procedures at these airports. FAA Order JO 7400.11, Airspace
Designations and Reporting Points, is published yearly and effective on
September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW OK D Ardmore, OK [Amended]

Ardmore Municipal Airport, OK
    (Lat. 34[deg]18'14'' N, long. 97[deg]01'14'' W)

    That airspace extending upward from the surface to and including
3,300 feet MSL within a 4.3-mile radius of Ardmore Municipal
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

6004 Class E Airspace Areas Designated as an Extension to a Class D
or Class E Surface Area.

* * * * *

ASW OK E4 Ardmore, OK [Amended]

Ardmore Municipal Airport, OK
    (Lat. 34[deg]18'14'' N, long. 97[deg]01'14'' W)
Ardmore VORTAC
    (Lat. 34[deg]12'42'' N, long. 97[deg]10'06'' W)

    That airspace extending upward from the surface within 1.4 miles
each side of the Ardmore VORTAC 050[deg] radial extending from the
4.3-mile radius of Ardmore Municipal Airport to 7.4 miles southwest
of the airport, and within 1 mile each side of the 315[deg] bearing
from Ardmore Municipal Airport extending from the 4.2-mile radius of
the airport to 5.3 miles northwest of the airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective dates
and times will thereafter be continuously published in the Chart
Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW OK E5 Ardmore, OK [Amended]

Ardmore Municipal Airport, OK
    (Lat. 34[deg]18'14'' N, long. 97[deg]01'14'' W)
Ardmore VORTAC
    (Lat. 34[deg]12'42'' N, long. 97[deg]10'06'' W)
Ardmore Downtown Executive Airport, OK
    (Lat. 34[deg]08'49'' N, long. 97[deg]07'22'' W)

    That airspace extending upward from the 700 feet above the
surface within a 6.8-mile radius of Ardmore Municipal Airport, and
within 1.5 miles each side of the Ardmore VORTAC 050[deg] radial
extending from the 6.8-mile radius of Ardmore Municipal Airport
extending from the 6.8-mile radius of the airport to 8.4 miles
southwest of the airport, and within 1.1 miles each side of the
315[deg] bearing from the Ardmore Municipal Airport extending from
the 6.8-mile radius of the airport to 7 miles northwest of the
airport, and within a 6.5-mile radius of Ardmore Downtown Executive
Airport.

    Issued in Fort Worth, Texas, on October 18, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-23008 Filed 10-25-21; 8:45 am]
BILLING CODE 4910-13-P


competition because it will allow the Exchange to compete with other
national securities exchanges for additional product listings.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2013-038 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-BATS-2013-038. 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-BATS-2013-038, and should be
submitted on or before July 31, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-16528 Filed 7-9-13; 8:45 am]
BILLING CODE 8011-01-P


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    The Commission believes that MIAX EMERALD's proposed display,
execution, and priority rules discussed above in this section are
consistent with the Act. In particular, the Commission finds that the
proposed rules are consistent with Section 6(b)(5) of the Act,\246\
which, among other things, requires that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest, and to not permit unfair discrimination between
customers, issuers, or dealers. The Commission also finds that the
proposed rules are consistent with Section 6(b)(8) of the Act,\247\
which requires that the rules of an exchange not impose any burden on

competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The trading rules of MIAX EMERALD are
substantially similar to the current trading rules of MIAX Exchange,
MIAX PEARL, and other exchanges, as noted above, which were filed with
and approved by the Commission (or otherwise became effective) pursuant
to Section 19(b) of the Act.\248\ Therefore, the Commission believes
that these rules are consistent with the Act.
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    \246\ 15 U.S.C. 78f(b)(5).
    \247\ 15 U.S.C. 78f(b)(8).
    \248\ Many of MIAX PEARL's and MIAX Exchange's rules were
approved at the time that MIAX PEARL's and MIAX Exchange's
registration as a national securities exchanges, respectively, were
granted. See MIAX PEARL Order and MIAX Order, supra note 13.
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5. Section 11(a) of the Act
    Section 11(a)(1) of the Act \249\ prohibits a member of a national
securities exchange from effecting transactions on that exchange for
its own account, the account of an associated person, or an account
over which it or its associated person exercises discretion
(collectively, ``covered accounts''), unless an exception applies. The
Exchange has represented that it has analyzed its rules proposed
hereunder, and believes that they are consistent with Section 11(a) of
the Act and rules thereunder.\250\
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    \249\ 15 U.S.C. 78k(a)(1).
    \250\ See Letter from Barbara J. Comly, EVP, General Counsel and
Corporate Secretary, Miami Holdings, to Brent J. Fields, Secretary,
Commission, and John C. Roeser, Associate Director, Office of Market
Supervision, Division of Trading and Markets, Commission, dated
November 30, 2018 (``MIAX EMERALD 11(a) Request Letter'').
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    Rule 11a2-2(T) under the Act,\251\ known as the ``effect versus
execute'' rule, provides exchange members with an exemption from the
Section 11(a)(1) prohibition. Rule 11a2-2(T) permits an exchange
member, subject to certain conditions, to effect transactions for
covered accounts by arranging for an unaffiliated member to execute the
transactions on the exchange. To comply with Rule 11a2-2(T)'s
conditions, a member: (1) Must transmit the order from off the exchange
floor; (2) may not participate in the execution of the transaction once
it has been transmitted to the member performing the execution; \252\
(3) may not be affiliated with the executing member; and (4) with
respect to an account over which the member has investment discretion,
neither the member nor its associated person may retain any
compensation in connection with effecting the transaction except as
provided in the Rule.
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    \251\ 17 CFR 240.11a2-2(T).
    \252\ The member may, however, participate in clearing and
settling the transaction. See Securities Exchange Act Release No.
14563 (March 14, 1978), 43 FR 11542 (March 17, 1978) (regarding the
NYSE's Designated Order Turnaround System (``1978 Release'')).
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    In a letter to the Commission,\253\ MIAX EMERALD requested that the
Commission concur with its conclusion that MIAX EMERALD members that
enter orders into the MIAX EMERALD trading system satisfy the
requirements of Rule 11a2-2(T). For the reasons set forth below, the
Commission believes that MIAX EMERALD members entering orders into the
MIAX EMERALD trading system will satisfy the conditions of Rule 11a2-
2(T).
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    \253\ MIAX EMERALD 11(a) Request Letter, supra note 250.
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    First, Rule 11a2-2(T) requires that orders for covered accounts be
transmitted from off the exchange floor. MIAX EMERALD will not have a
physical trading floor, and the MIAX EMERALD trading system will
receive orders from members electronically through remote terminals or
computer-to-computer interfaces. In the context of other automated
trading systems, the Commission has found that the off-floor
transmission requirement is met if a covered account order is
transmitted from a remote location directly to an exchange's floor by
electronic means.\254\ Since the MIAX EMERALD trading system receives
all orders electronically through remote terminals or computer-to-
computer interfaces, the Commission believes that the trading system
satisfies the off-floor transmission requirement.
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    \254\ See, e.g., Securities Exchange Act Release Nos. 59154
(December 23, 2008), 73 FR 80468 (December 31, 2008) (SR-BSE-2008-
48) (order approving proposed rules of BX); 49068, (January 13,
2004), 69 FR 2775 (January 20, 2004) (establishing, among other
things, BOX as an options trading facility of Boston Stock Exchange,
Inc.); 44983 (October 25, 2001), 66 FR 55225 (November 1, 2001)
(approving the Pacific Exchange, Inc.'s (``PCX'') use of the
Archipelago Exchange as its equity trading facility); 29237 (May 24,
1991), 56 FR 24853 (May 31, 1991) (regarding NYSE's Off-Hours
Trading Facility). See 1978 Release, supra note 252. See also
Securities Exchange Act Release No. 15533 (January 29, 1979), 44 FR
6084 (January 31, 1979) (regarding the American Stock Exchange
(``Amex'') Post Execution Reporting System, the Amex Switching
System, the Intermarket Trading System, the Multiple Dealer Trading
Facility of the Cincinnati Stock Exchange, the PCX Communications
and Execution System, and the Philadelphia Stock Exchange Automated
Communications and Execution System) (``1979 Release'').
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    Second, Rule 11a2-2(T) requires that the member not participate in
the execution of its order once it has been transmitted to the member
performing the execution. MIAX EMERALD has represented that the MIAX
EMERALD trading system will at no time following the submission of an
order allow a member or an associated person of such member to acquire
control or influence over the result or timing of an order's
execution.\255\ According to MIAX EMERALD, the execution of a member's
order is determined solely by what orders, bids, or offers are present
in the MIAX EMERALD trading system at the time the member submits the
order and the order priority based on MIAX EMERALD rules.\256\
Accordingly, the Commission believes that a MIAX EMERALD member will
not participate in the execution of its order submitted into the
trading system.
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    \255\ See MIAX EMERALD 11(a) Request Letter, supra note 253.
Members may change or cancel an order or quote at any time before
the order is executed on the Exchange. See MIAX EMERALD Form 1
Application, Exhibit E. The Commission has stated that the non-
participation requirement is satisfied under such circumstances, so
long as such modifications or cancellations are also transmitted
from off the floor. See 1978 Release, supra note 252 (stating that
the ``non-participation requirement does not prevent initiating
members from canceling of modifying orders (or the instructions
pursuant to which the initiating member wishes orders to be
executed) after the orders have been transmitted to the executing
member, provided that any such instructions are also transmitted
from off the floor'').
    \256\ See MIAX EMERALD 11(a) Request Letter, supra note 253.
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    Rule 11a2-2(T)'s third condition is that the order be executed by
an exchange member who is unaffiliated with the member initiating the
order. The Commission has stated that the requirement is satisfied when
automated exchange facilities, such as the MIAX EMERALD trading system,
are used, as long as the design of these systems ensures that members
do not possess any special or unique trading advantages over non-
members in handling their orders after transmitting them to MIAX
EMERALD.\257\ MIAX EMERALD has represented that the design of its
trading system ensures that no member has any special or unique trading
advantage over non-members in the handling of its orders after
transmitting its orders to MIAX EMERALD.\258\ Based on MIAX EMERALD's
representation, the Commission believes that the MIAX EMERALD trading
system satisfies this requirement.''
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    \257\ In considering the operation of automated execution
systems operated by an exchange, the Commission noted that while
there is no independent executing exchange member, the execution of
an order is automatic once it has been transmitted into each system.
Because the design of these systems ensures that members do not
possess any special or unique trading advantages in handling their
orders after transmitting them to the exchange, the Commission has
stated that executions obtained through these systems satisfy the
independent execution requirement of Rule 11a2-2(T). See 1979
Release, supra note 254.
    \258\ See MIAX EMERALD 11(a) Request Letter, supra note 253.
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    Fourth, in the case of a transaction effected for an account with
respect to

which the initiating member or an associated person thereof exercises
investment discretion, neither the initiating member nor any associated
person thereof may retain any compensation in connection with effecting
the transaction, unless the person authorized to transact business for
the account has expressly provided otherwise by written contract
referring to Section 11(a) of the Act and Rule 11a2-2(T).\259\ MIAX
EMERALD members trading for covered accounts over which they exercise
investment discretion must comply with this condition in order to rely
on the rule's exemption.\260\
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    \259\ 17 CFR 240.11a2-2(T)(a)(2)(iv). In addition, Rule 11a2-
2(T)(d) requires a member or associated person authorized by written
contract to retain compensation, in connection with effecting
transactions for covered accounts over which such member or
associated person thereof exercises investment discretion, to
furnish at least annually to the person authorized to transact
business for the account a statement setting forth the total amount
of compensation retained by the member in connection with effecting
transactions for the account during the period covered by the
statement. See 17 CFR 240.11a2-2(T)(d). See also 1978 Release, supra
note 252 (stating ``[t]he contractual and disclosure requirements
are designed to assure that accounts electing to permit transaction-
related compensation do so only after deciding that such
arrangements are suitable to their interests'').
    \260\ See MIAX EMERALD 11(a) Request Letter, supra note 253.
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D. Discipline and Oversight of Members

    As noted above, one prerequisite for the Commission's grant of an
exchange's application for registration is that a proposed exchange
must be so organized and have the capacity to be able to carry out the
purposes of the Act.\261\ Specifically, an exchange must be able to
enforce compliance by its members and persons associated with its
members with the Act and the rules and regulations thereunder and the
rules of the exchange.\262\
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    \261\ See 15 U.S.C. 78f(b)(1).
    \262\ See id.
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    MIAX EMERALD's rules codify MIAX EMERALD's disciplinary
jurisdiction over its members, thereby facilitating its ability to
enforce its members' compliance with its rules and the federal
securities laws.\263\ MIAX EMERALD's rules permit it to sanction
members for violations of its rules and violations of any provision of
the Act or the rules and regulations promulgated thereunder, by, among
other things, expelling or suspending members; limiting members'
activities, functions, or operations; fining or censuring members;
suspending or barring a person from being associated with a member; or
any other fitting sanction in accordance with MIAX EMERALD rules.\264\
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    \263\ See MIAX EMERALD Rule 1000 (which incorporates by
reference MIAX Exchange Rule 1000).
    \264\ See id. See also MIAX Exchange Rule 1000, Cboe Rule
17.1(a), and Nasdaq ISE, LLC Rule 1600(a) (containing similar
provisions).
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    MIAX EMERALD's disciplinary and oversight functions will be
administered in accordance with Chapter X of the MIAX EMERALD rules
which governs disciplinary actions and which incorporates by reference
Chapter X of the MIAX Exchange rules. Unless delegated to another SRO
pursuant to the terms of any effective 17d-2 plan,\265\ MIAX EMERALD
regulatory staff (including regulatory staff of another SRO that may be
acting on MIAX EMERALD's behalf pursuant to a regulatory services
agreement) will, among other things, investigate potential securities
laws violations and initiate charges pursuant to MIAX EMERALD
rules.\266\
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    \265\ See supra Section II.B.3.c (concerning the 17d-2 plans to
which MIAX EMERALD has committed to join).
    \266\ See MIAX EMERALD Rules 1002 and 1004 (which incorporate by
reference MIAX Exchange Rules 1002 and 1004, respectively). As noted
above, MIAX EMERALD has entered into an RSA with FINRA under which
FINRA will perform certain regulatory functions on behalf of MIAX
EMERALD. See MIAX EMERALD Rule 1015 (which incorporates by reference
MIAX Exchange Rule 1015).
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    Upon a finding of probable cause of a violation within the
disciplinary jurisdiction of MIAX EMERALD and where further proceedings
are warranted,\267\ MIAX EMERALD will conduct a hearing on disciplinary
matters before a professional hearing officer \268\ and two members of
the Business Conduct Committee \269\ (the ``Panel'').\270\ The MIAX
EMERALD member (or their associated person) or the MIAX EMERALD
regulatory staff may petition for review of the decision of the Panel
by the MIAX EMERALD Board.\271\ Any review would be conducted by the
MIAX EMERALD Board or a committee thereof composed of at least three
Directors of the MIAX EMERALD Board \272\ (whose decision must be
ratified by the MIAX EMERALD Board) and such decision will be
final.\273\ In addition, the MIAX EMERALD Board on its own motion may
order review of a disciplinary decision.\274\
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    \267\ See MIAX EMERALD Rule 1004 (which incorporates by
reference MIAX Exchange Rule 1004).
    \268\ See MIAX EMERALD Rule 1015, Interpretation and Policy .01
(which incorporates by reference MIAX Exchange Rule 1015,
Interpretation and Policy .01).
    \269\ See MIAX EMERALD By-Laws, Article IV, Section 4.7.
    \270\ See MIAX EMERALD Rule 1006 (which incorporates by
reference MIAX Exchange Rule 1006).
    \271\ See MIAX EMERALD Rule 1010 (which incorporates by
reference MIAX Exchange Rule 1010).
    \272\ Specifically, the Chairman of the MIAX EMERALD Board, with
the approval of the Board, shall appoint an Appeals Committee to
preside over all appeals related to disciplinary and adverse action
determinations. See note 46 and accompanying text (detailing the
composition of the Appeals Committee). If the Independent Director
serving on the Appeals Committee recuses himself or herself from an
appeal, due to conflict of interest or otherwise, the Independent
Director may be replaced by a Non-Industry Director for purposes of
the applicable appeal if there is no other Independent Director able
to serve as the replacement. See MIAX EMERALD By-Laws, Article IV,
Section 4.5(d). See also MIAX Exchange Amended and Restated By-Laws,
Article IV, Section 4.5(d).
    \273\ See MIAX EMERALD Rule 1010 (which incorporates by
reference MIAX Exchange Rule 1010).
    \274\ See id.
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    Appeals from any determination that impacts access to MIAX EMERALD,
such as termination or suspension of membership, will be instituted
under, and governed by, the provisions in the Chapter XI of the MIAX
EMERALD Rules which incorporates by reference Chapter XI of the MIAX
Exchange Rules. MIAX EMERALD's Chapter XI applies to persons
economically aggrieved by any of the following actions of MIAX EMERALD
including, but not limited to: (a) Denial of an application to become a
Member; (b) barring a person from becoming associated with a Member;
(c) limiting or prohibiting services provided by MIAX EMERALD or
services of any exchange member.\275\
---------------------------------------------------------------------------

    \275\ See MIAX EMERALD Rule 1100 (which incorporates by
reference MIAX Exchange Rule 1100). As noted above, MIAX EMERALD has
entered into a RSA with FINRA under which FINRA will perform certain
regulatory functions on behalf of MIAX EMERALD. MIAX EMERALD may
perform some or all of the functions specified in the Chapter XI of
the MIAX EMERLAD Rules, which incorporates by reference Chapter XI
of the MIAX Exchange Rules. See supra note 110. See also MIAX
EMERALD Rule 1106 (which incorporates by reference MIAX Exchange
Rule 1106).
---------------------------------------------------------------------------

    Any person aggrieved by an action of MIAX EMERALD within the scope
of Chapter XI may file a written application to be heard within thirty
days \276\ after such action has been taken.\277\ Applications for
hearing and

review will be referred to the Business Conduct Committee, which will
appoint a hearing panel of no less than three members of such
Committee.\278\ The decision of the hearing panel made pursuant to
Chapter XI of the MIAX EMERALD rules is subject to review by the MIAX
EMERALD Board, either on its own motion within 30 days after issuance
of the decision, or upon written request submitted by the applicant or
the President of MIAX EMERALD within 15 days after issuance of the
decision.\279\ The review would be conducted by the MIAX EMERALD Board
or a committee of the MIAX EMERALD Board composed of at least three
directors.\280\
---------------------------------------------------------------------------

    \276\ An applicant may file for an extension of time as allowed
by the Chairman of the Business Conduct Committee within thirty days
of MIAX EMERALD's action. An application for an extension will be
ruled upon by the Chairman of the Business Conduct Committee, and
his ruling will be given in writing. Rulings on applications for
extensions of time are not subject to appeal. See MIAX EMERALD Rule
1101 (which incorporates by reference MIAX Exchange Rule 1101).
    \277\ The application must include: (1) The action for which
review is sought; (2) the specific reasons for the applicant's
exception to such action; (3) the relief sought; and (4) whether the
applicant intends to submit any documents, statements, arguments or
other material in support of the application, with a description of
any such materials. See MIAX EMERALD Rule 1101(a) (which
incorporates by reference MIAX Exchange Rule 1101(a)).
    \278\ See MIAX EMERALD Rule 1102 (which incorporates by
reference MIAX Exchange Rule 1102). The decision of the hearing
panel will be made in writing and sent to the parties to the
proceedings. See MIAX EMERALD Rule 1103(d) (which incorporates by
reference MIAX Exchange Rule 1103(d)).
    \279\ See MIAX EMERALD Rule 1104(a) (which incorporates by
reference MIAX Exchange Rule 1104(a)). The MIAX EMERALD Board, or a
committee of the MIAX EMERALD Board, will have sole discretion to
grant or deny either request. See id.
    \280\ See MIAX EMERALD Rule 1104(b) (which incorporates by
reference MIAX Exchange Rule 1104(b)). The MIAX EMERALD Board or its
designated committee may affirm, reverse, or modify in whole or in
part, the decision of the hearing panel. The decision of the MIAX
EMERALD Board or its designated committee would be final, and must
be in writing and would be sent to the parties to the proceeding.
See MIAX EMERALD Rule 1104(c) (which incorporates by reference MIAX
Exchange Rule 1104(c)).
---------------------------------------------------------------------------

    The Commission finds that MIAX EMERALD's proposed disciplinary and
oversight rules and structure, as well as its proposed process for
persons economically aggrieved by certain MIAX EMERALD actions, are
consistent with the requirements of Sections 6(b)(6) and 6(b)(7) of the
Act \281\ in that they provide fair procedures for the disciplining of
members and persons associated with members. The Commission further
finds that the proposed MIAX EMERALD rules are designed to provide MIAX
EMERALD with the ability to comply, and with the authority 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 MIAX EMERALD.\282\ The Commission notes that MIAX
EMERALD's proposed disciplinary and oversight rules and structures are
similar to the rules of other exchanges.\283\
---------------------------------------------------------------------------

    \281\ 15 U.S.C. 78f(b)(6) and (b)(7), respectively.
    \282\ See Section 6(b)(1) of the Act, 15 U.S.C. 78f(b)(1).
    \283\ See, e.g., ISE Mercury Order, supra note 27, ISE Gemini
Order, supra note 27, MIAX PEARL Order, supra note 13, and MIAX
Order, supra note 13.
---------------------------------------------------------------------------

E. Listing Requirements

    MIAX EMERALD does not intend to initially list or trade common
stock or non-option securities of operating companies but rather
initially intends only to trade option contracts that meet the options
listing standards of the Exchange.\284\ MIAX EMERALDS's listing rules,
including the criteria for the underlying securities of the options to
be traded, incorporate by reference all of the listing rules of the
MIAX Exchange, and are substantially similar to the listing standards
adopted by other options exchanges.\285\
---------------------------------------------------------------------------

    \284\ See MIAX EMERALD Rules Chapter IV (Option Contracts Traded
on the Exchange) (which incorporates by reference MIAX Exchange
Chapter IV) and Chapter XVIII (Index Options) (which incorporates by
reference MIAX Exchange Chapter XVIII).
    \285\ See MIAX Exchange Rules Chapter IV and Chapter XVIII, and
MIAX PEARL Rules Chapter IV and Chapter XVIII. See also Nasdaq GEMX,
LLC Rule 500 Series and Rule 2000 Series.
---------------------------------------------------------------------------

    The Commission finds that MIAX EMERALD's proposed initial and
continued listing rules are consistent with the Act, including Section
6(b)(5),\286\ in that they are designed to protect investors and the
public interest, prevent fraudulent and manipulative acts and
practices, and promote just and equitable principles of trade. Before
beginning operation, MIAX EMERALD will need to become a participant in
the Plan for the Purpose of Developing and Implementing Procedures
Designed to Facilitate the Listing and Trading of Standardized Options
Submitted Pursuant to Section 11A(a)(3)(B) of the Securities Exchange
Act of 1934 (``OLPP'').\287\ In addition, before beginning operation,
MIAX EMERALD will need to become a participant in the Options Clearing
Corporation.
---------------------------------------------------------------------------

    \286\ 15 U.S.C. 78f(b)(5).
    \287\ 15 U.S.C. 78k-1(a)(3)(B).
---------------------------------------------------------------------------

IV. Exemption From Section 19(b) of the Act With Regard to MIAX
Exchange, Cboe, New York Stock Exchange (``NYSE''), and FINRA Rules
Incorporated by Reference

    MIAX EMERALD proposes to incorporate by reference certain MIAX
Exchange, Cboe, NYSE, and FINRA rules.\288\ Thus, for certain MIAX
EMERALD rules, MIAX EMERALD members will comply with a MIAX EMERALD
rule by complying with the referenced MIAX Exchange, Cboe, NYSE, and
FINRA rules.
---------------------------------------------------------------------------

    \288\ Specifically, MIAX EMERALD proposes to incorporate by
reference the following MIAX Exchange Rules: Chapter III (Business
Conduct), Chapter IV (Option Contracts Traded on the Exchange),
Chapter VII (Exercises and Deliveries), Chapter VIII (Records,
Reports and Audits), Chapter IX (Summary Suspension), Chapter X
(Discipline), Chapter XI (Hearings, Review and Arbitration), Chapter
XIII (Doing Business With the Public), Chapter XIV (Order
Protection, Locked and Crossed Markets), Chapter XV (Margins),
Chapter XVI (Net Capital Requirements), Chapter XVII (Consolidated
Audit Trail Compliance Rule), and Chapter XVIII (Index Options). The
following rules are cross-referenced in the MIAX Exchange rules:
MIAX Exchange Rule 1107 (Arbitration) incorporates by reference the
Rule 12000 Series and Rule 13000 Series of the FINRA Manual and
FINRA Rule 2268; MIAX Exchange Rule 1321 (Transfer of Accounts)
cross-references FINRA Rule 11870; MIAX Exchange Rule 1502 (Margin
Requirements) cross-references the Cboe and NYSE rules concerning
initial and maintenance margin requirements that may be in effect
from time to time.
---------------------------------------------------------------------------

    In connection with the proposal to incorporate MIAX Exchange, Cboe,
NYSE, and FINRA rules by reference, MIAX EMERALD requests, pursuant to
Rule 240.0-12 under the Act,\289\ an exemption under Section 36 of the
Act from the rule filing requirements of Section 19(b) of the Act for
changes to the MIAX EMERALD rules that are effected solely by virtue of
a change to a cross-referenced MIAX Exchange, Cboe, NYSE or FINRA
rule.\290\ MIAX EMERALD proposes to incorporate by reference categories
of rules, rather than individual rules within a category, that are not
trading rules. In addition, MIAX EMERALD agrees to provide written
notice to its members whenever MIAX Exchange, Cboe, NYSE or FINRA
proposes a change to a cross-referenced rule \291\ and whenever any
such proposed changes are approved by the Commission or otherwise
become effective.\292\
---------------------------------------------------------------------------

    \289\ 17 CFR 240.0-12.
    \290\ See Letter from Barbara J. Comly, EVP, General Counsel and
Corporate Secretary, Miami Holdings, to Brent J. Fields, Secretary,
Commission, dated November 30, 2018.
    \291\ See id.
    \292\ MIAX EMERALD will provide such notice through a posting on
the same website location where MIAX EMERALD posts its own rule
filings pursuant to Rule 19b-4(l) under the Act, within the required
time frame. The website posting will include a link to the location
on the MIAX Exchange, Cboe, NYSE or FINRA website where MIAX
Exchange, Cboe, NYSE or FINRA's proposed rule change is posted. See
id.
---------------------------------------------------------------------------

    Using the authority under Section 36 of the Act, the Commission
previously exempted certain SROs from the requirement to file proposed
rule changes under Section 19(b) of the Act.\293\ The Commission is
hereby granting MIAX EMERALD's request for exemption, pursuant to
Section 36 of

the Act, from the rule filing requirements of Section 19(b) of the Act
with respect to the rules that MIAX EMERALD proposes to incorporate by
reference. The exemption is conditioned upon MIAX EMERALD providing
written notice to MIAX EMERALD members whenever MIAX Exchange, Cboe,
NYSE or FINRA proposes to change an incorporated by reference rule and
when the Commission approves any such changes. The Commission believes
that the exemption is appropriate in the public interest and consistent
with the protection of investors because it will promote more efficient
use of Commission's and SROs' resources by avoiding duplicative rule
filings based on simultaneous changes to identical rule text sought to
be implemented by more than one SRO.
---------------------------------------------------------------------------

    \293\ See, e.g., MIAX PEARL Order and MIAX Order, supra note 13,
ISE Mercury Order, supra note 27, BATS Order, supra note 13, C2
Order, supra note 75, Nasdaq Order, supra note 27, and NOM Approval
Order, supra note 112.
---------------------------------------------------------------------------

V. Conclusion

    It is ordered that the application of MIAX EMERALD for registration
as a national securities exchange be, and it hereby is, granted.
    It is further ordered that operation of MIAX EMERALD is conditioned
on the satisfaction of the requirements below:
    A. Participation in National Market System Plans Relating to
Options Trading. MIAX EMERALD must join: (1) The Plan for the Reporting
of Consolidated Options Last Sale Reports and Quotation Information
(Options Price Reporting Authority); (2) the OLPP; (3) the Linkage
Plan; (4) the Plan of the Options Regulatory Surveillance Authority;
and (5) the Plan Governing the Consolidated Audit Trail;
    B. Participation in Multiparty Rule 17d-2 Plans. MIAX EMERALD must
become a party to the multiparty Rule 17d-2 agreements concerning
options sales practice regulation and market surveillance, and covered
Regulation NMS rules;
    C. Participation in the Options Clearing Corporation. MIAX EMERALD
must become an Options Clearing Corporation participant exchange; and
    D. Participation in the Intermarket Surveillance Group. MIAX
EMERALD must join the Intermarket Surveillance Group.
    It is further ordered, pursuant to Section 36 of the Act,\294\ that
MIAX EMERALD shall be exempted from the rule filing requirements of
Section 19(b) of the Act with respect to the MIAX Exchange, Cboe, NYSE
and FINRA rules that MIAX EMERALD proposes to incorporate by reference,
subject to the conditions specified in this order that MIAX EMERALD
provide written notice to MIAX EMERALD members whenever MIAX Exchange,
---------------------------------------------------------------------------

    \294\ 15 U.S.C. 78mm.
---------------------------------------------------------------------------

    Cboe, NYSE or FINRA proposes to change an incorporated by reference
rule and when the Commission approves any such changes.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2018-28179 Filed 12-27-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16303-16304]
[FR Doc No: 2019-07762]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension: Rule 20a-1, SEC File No. 270-132, OMB Control No. 3235-
0158.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Rule 20a-1 (17 CFR 270.20a-1) was adopted under Section 20(a) of
the Investment Company Act of 1940 (``1940 Act'') (15 U.S.C. 80a-20(a))
and concerns the solicitation of proxies, consents, and authorizations
with respect to securities issued by registered investment companies
(``Funds''). More specifically, rule 20a-1 under the 1940 Act (15
U.S.C. 80a-1 et seq.) requires that the solicitation of a proxy,
consent, or authorization with respect to a security issued by a Fund
be in compliance with Regulation 14A (17 CFR 240.14a-1 et seq.),
Schedule 14A (17 CFR 240.14a-101), and all other rules and regulations
adopted pursuant to section 14(a) of the Securities Exchange Act of
1934 (``1934 Act'') (15 U.S.C. 78n(a)). It also requires, in certain
circumstances, a Fund's investment adviser or a prospective adviser,
and certain affiliates of the adviser or prospective adviser, to
transmit to the person making the solicitation the information
necessary to enable that person to comply with the rules and
regulations applicable to the solicitation. In addition, rule 20a-1
instructs Funds that have made a public offering of securities and that
hold security holder votes for which proxies, consents, or
authorizations are not being solicited, to refer to section 14(c) of
the 1934 Act (15 U.S.C. 78n(c)) and the information statement
requirements set forth in the rules thereunder.
    The types of proposals voted upon by Fund shareholders include not
only the typical matters considered in proxy solicitations made by
operating companies, such as the election of directors, but also
include issues that are unique to Funds, such as the approval of an
investment advisory contract and the approval of changes in fundamental
investment policies of the Fund. Through rule 20a-1, any person making
a solicitation with respect to a security issued by a Fund must,
similar to operating company solicitations, comply with the rules and
regulations adopted pursuant to Section 14(a) of the 1934 Act. Some of
those Section 14(a) rules and regulations, however, include provisions
specifically related to Funds, including certain particularized
disclosure requirements set forth in Item 22 of Schedule 14A under the
1934 Act.
    Rule 20a-1 is intended to ensure that investors in Fund securities
are provided with appropriate information upon which to base informed
decisions regarding the actions for which Funds solicit proxies.
Without rule 20a-1, Fund issuers would not be required to comply with
the rules and regulations adopted under Section 14(a) of the 1934 Act,
which are applicable to non-Fund issuers, including the provisions
relating to the form of proxy and disclosure in proxy statements.
    The staff currently estimates that approximately 1,333 proxy
statements are filed by Funds annually. Based on staff estimates and
information from the industry, the staff estimates that the average
annual burden associated with the preparation and submission of proxy
statements is 85 hours per response, for a total annual burden of
113,305 hours (1,333 responses x 85 hours per response = 113,305). In
addition, the staff estimates the costs for purchased services, such as
outside legal counsel, proxy statement mailing, and proxy tabulation
services, to be approximately $30,000 per proxy solicitation.
    Rule 20a-1 does not involve any recordkeeping requirements.
Providing the information required by the rule is mandatory and
information provided under the rule will not be kept confidential.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Candace

Kenner, 100 F Street NE, Washington, DC 20549; or send an email to:
[email protected].

    Dated: April 15, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07762 Filed 4-17-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Rules and Regulations]
[Pages 145-147]
[FR Doc No: 2015-32907]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8311; Directorate Identifier 2015-CE-039-AD;
Amendment 39-18356; AD 2015-26-08]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Piper Aircraft, Inc. Model PA-44-180 and PA-44-180T airplanes. This AD
requires an inspection and, if necessary, modification of the emergency
gear extension cable. This AD was prompted by a report of a misrouted
emergency gear extension cable. We are issuing this AD to correct the
unsafe condition on these products.

DATES: This AD is effective January 20, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 20,
2016.
    We must receive comments on this AD by February 19, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Piper Aircraft, Inc., Customer Service, 2926 Piper Drive, Vero Beach,
Florida 32960; telephone:<PHONE_NUMBER>; fax: none; email:
<EMAIL_ADDRESS>Internet: www.piper.com. You may review the
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the Internet at http://www.regulations.gov by
searching for locating Docket No. FAA-2015-4085.

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-
8311; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer,
FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue,
College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax: (404) 474-
5606; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received recent reports of misrouted emergency gear
extension cables on Piper Models PA-44-180 and PA-44-180T airplanes.
This condition spans many years beginning in 2007 where one of the
airplanes experienced the left-side copilot rudder pedal snagging on
the emergency landing gear extension cable during taxi maneuvers. Piper
Modification Kit 884333 (Piper Service Bulletin No. 1188, dated April
14, 2008) provides the parts and instructions to reroute the cable away
from the pedal for airplanes in service and a production change was
made to duplicate the kit configuration.
    In 2009, there was a quality escape on the production aircraft
(after issuance of SB 1188), which was addressed with Piper Service
Bulletin No. 1213, dated March 24, 2010. Recently, there has been
another quality escape reported of the cable being routed incorrectly,
resulting in the issuance of Piper Service Bulletin 1213A, dated
October 23, 2015 to more fully address the incorrect routing of the
emergency gear extension cables.
    Although the incidents occurred on the ground, the airworthiness
concern is the potential for this rudder restriction to occur in flight
at high angles of rudder deflection.
    The FAA believes that a majority of the airplanes have already
incorporated Service Bulletin 1188 and Service Bulletin 1213. However,
the only way to mandate its incorporation is through AD action. In
addition, the FAA believes that a large percentage of the airplanes
that were manufactured after SB 1213 was issued could have the
emergency gear extension cable routed incorrectly because the P-clamp
that secures the cable could be installed on the inboard bolt just as
easily as the outboard bolt (the type design configuration).
    Piper is establishing a very robust assembly/inspection procedure
going forward to ensure that the quality escape issue does not reoccur.
The FAA has determined that this condition can be addressed by
requiring:
     The modification in Service Bulletin 1188 for all Models
PA-44-180 and PA-44-180T airplanes manufactured prior to April 14, 2008
(the date of SB 1188); and
     The inspection of the emergency gear inspection cable for
correct routing of all Model PA-44-180 airplanes manufactured after
April 14, 2008 (the date of SB 1188) following SB 1213A, dated October
23, 2015.
    This condition, if not corrected, could result in restriction of
the rudder movement at high angles of rudder deflection with consequent
loss of control. We are issuing this AD to correct the unsafe condition
on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Piper Aircraft, Inc. Service Bulletin No. 1213A, dated
October 23, 2015. The service information describes procedures for
inspection of the routing and security of the emergency gear extension
cable and, if necessary, instructions to reroute the emergency gear
extension cable. Piper considers compliance with this service bulletin
mandatory.
    We reviewed Piper Aircraft, Inc. Service Bulletin No. 1188, dated
April 14, 2008. The service information describes procedures to reroute
and restrain the emergency gear extension cable. Piper considers
compliance with this service bulletin mandatory.
    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.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because if
the emergency gear extension cable is left routed incorrectly, it could
allow the copilot's left rudder pedal to become entangled with the
cable, resulting in a restriction of rudder movement at high angles of
rudder deflection with consequent loss of control. Therefore, we find
that notice and opportunity for prior public comment are impracticable
and that good cause exists for making this amendment effective in less
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2015-8311 and
Directorate Identifier 2015-CE-039-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 415 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per        Cost on  U.S.
              Action                    Labor cost           Parts cost          product          operators
----------------------------------------------------------------------------------------------------------------
Inspect the emergency gear         .5 work-hour x $85   Not applicable.....          $42.50  (Estimated 35
 extension cable for proper         per hour = $42.50.                                        airplanes)
 routing.                                                                                $1,487.75.
Install Piper emergency gear       2 work-hours x $85   $21................            $191  (Estimated 380
 extension modification kit.        per hour = $170.                                          airplanes)
                                                                                $72,580.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the either the results of the
inspection or other requirements. We have no way of determining the
number of aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reroute the emergency gear extension cable...  2 work-hours x $85 per hour =               $21             $191
                                                $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    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, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-26-08: Amendment 39-18356; Docket No. FAA-2015-8311;
Directorate Identifier 2015-CE-039-AD.

(a) Effective Date

    This AD is effective January 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Piper Aircraft, Inc. Model PA-44-180 Seminole
airplanes, serial numbers (S/Ns) 44-7995001 through 44-8195026,
4495001 through 4496377, 4496379, 4496380, and 4496384 through
4496386; and Piper Aircraft, Inc. Model PA-44-180T Seminole
airplanes, S/Ns 44-8107001 through 44-8207020, certificated in any
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2720, Rudder Control System.

(e) Unsafe Condition

    This AD was prompted by a report of a misrouted emergency gear
extension cable. We are issuing this AD to require an inspection
and, if necessary, modification of the emergency gear extension
cable. We are issuing this AD to correct the unsafe condition on
these products.

(f) Compliance

    Comply with paragraphs (g)(1) through (g)(2) including all
subparagraph's of this AD within the compliance times specified,
unless already done.

(g) Actions

    (1) For Piper Model PA-44-180 Seminole airplanes serial numbers
(S/N) 4496245 through 4496377, 4496379, 4496380, and 4496384 through
4496386: Within 30 days after January 20, 2016 (the effective date
of this AD), inspect the emergency gear extension cable for proper
routing and appropriate attachment of the cable to the rudder pedal
assembly following the Part 1 instructions in Piper Aircraft, Inc.
Service Bulletin (SB) No. 1213A, dated October 23, 2015.
    (i) If the inspection required in paragraph (g)(1) of this AD
reveals a misrouted cable, before further flight, correct the
emergency gear extension cable following the Part 2 instructions in
Piper Aircraft, Inc. SB No. 1213A, dated October 23, 2015.
    (ii) If the inspection required in paragraph (g)(1) of this AD
reveals a correct installation following the Part 1 instructions in
Piper Aircraft, Inc. SB No. 1213A, dated October 23, 2015, no
further action is required.
    (2) For Piper Model PA-44-180 Seminole airplanes SNs 44-7995001
through 44-8195026, 4495001 through 4496244; and Piper Model PA-44-
180T Seminole airplanes, SNs 44-8107001 through 44-8207020: Within
30 days after January 20, 2016 (the effective date of this AD),
install the Piper emergency gear extension cable modification kit,
part number 88433-002, following the instructions in Piper Aircraft,
Inc. SB No. 1188, dated April 14, 2008.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(k) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Hector Hernandez,
Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701
Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-
5587; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piper Aircraft, Inc. Service Bulletin No. 1188, dated April
14, 2008.
    (ii) Piper Aircraft, Inc. Service Bulletin No. 1213A, dated
October 23, 2015.
    (3) For Piper Aircraft, Inc. service information identified in
this AD, contact Piper Aircraft, Inc., Customer Service, 2926 Piper
Drive, Vero Beach, Florida 32960; telephone:<PHONE_NUMBER>; fax:
none; email<EMAIL_ADDRESS>Internet: www.piper.com.
    (4) You may review the referenced service information at the
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. 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 Kansas City, Missouri, on December 23, 2015.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-32907 Filed 1-4-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Pages 57419-57420]
[FR Doc No: 2021-22516]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-50-000; Docket No. CP20-51-000]

Tennessee Gas Pipeline Company, LLC and Southern Natural Gas
Company, LLC; Notice of Availability of the Final Environmental Impact
Statement for the Proposed Evangeline Pass Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Evangeline Pass Expansion Project (Project), proposed by
Tennessee Gas Pipeline Company, LLC (Tennessee) and Southern Natural
Gas Company, LLC (SNG) in the above-referenced dockets.
    Tennessee requests authorization to construct and operate about 13
miles of 36-inch-diameter pipeline and a new compressor station in St.
Bernard and Plaquemines Parishes, Louisiana. SNG requests authorization
to construct and operate a new compressor station and three new meter
stations in Clarke and Smith, Counties, Mississippi; and St. Bernard
Parish, Louisiana. The Project would enable the transportation of up to
1,100,000 dekatherms per day of natural gas to an interconnect with
Venture Global Gator Express, LLC's Gator Express Pipeline to provide
feed gas for Venture Global Plaquemines LNG, LLC's facility in
Plaquemines Parish, Louisiana.
    The final EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act. The final EIS is
not a decision document. It presents Commission staff's independent
analysis of the environmental issues for the Commission to consider
when addressing the merits of all issues in this proceeding.
    The final EIS responds to comments that were received on the
Commission's August 24, 2020 Environmental Assessment (EA) and July 16,
2021 draft EIS \1\ and discloses downstream greenhouse gas emissions
for the Project. With the exception of climate change impacts, FERC
staff concludes that approval of the proposed Project, with the
mitigation measures recommended in this final EIS, would not result in
significant environmental impacts. FERC staff continues to be unable to
determine significance with regards to climate change impacts.
---------------------------------------------------------------------------

    \1\ The Project's EA is available on eLibrary under accession
no. 20200824-3066 and the draft EIS is available under accession no.
20210716-3005.
---------------------------------------------------------------------------

    The final EIS incorporates the above referenced EA, which addressed
the potential environmental effects of the construction and operation
of the following Project facilities, by the respective applicants:

Tennessee

     About 9 miles of 36-inch-diameter looping \2\ pipeline in
St. Bernard Parish, Louisiana (Yscloskey Toca Lateral Loop);
---------------------------------------------------------------------------

    \2\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
---------------------------------------------------------------------------

     about 4 miles of 36-inch-diameter looping pipeline in
Plaquemines Parish, Louisiana (Grand Bayou Loop); and
     a new 23,470 horsepower (hp) compressor station consisting
of one natural gas-fired Solar Turbines Titan 130 turbine driven
compressor unit along Tennessee's existing 500 line in St. Bernard
Parish, Louisiana (Compressor Station 529).

SNG

     A new 22,220 hp compressor station consisting of two
natural gas-fired Solar Taurus 70 turbines (11,110 hp each) in Clarke
County, Mississippi (Rose Hill Compressor Station); and
     three new meter stations: Rose Hill Receipt Meter Station
in Clarke County, Mississippi; Midcontinent Express Pipeline Receipt
Meter Station in Smith County, Mississippi; and Toca Delivery Meter
Station in St. Bernard Parish, Louisiana.
    The Commission mailed a copy of the Notice of Availability of the
Final Environmental Impact Statement for the Evangeline Pass Expansion
Project to federal, state, and local government representatives and
agencies; elected officials; environmental and public interest groups;
Native American tribes; potentially affected landowners and other
interested individuals and groups; and newspapers and libraries in the
Project area. The final EIS is only available in electronic format. It
may be viewed and downloaded from the FERC's website (www.ferc.gov), on
the natural gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In
addition, the final EIS may be accessed by using the eLibrary link on
the FERC's website. Click on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search) select ``General Search'' and enter
the docket number in the ``Docket Number'' field (i.e. CP20-50-000 or
CP20-51-000). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document

summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

    Dated: October 8, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22516 Filed 10-14-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42680-42681]
[FR Doc No: 2017-19117]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14830-000]

Merchant Hydro Developers, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On January 18, 2017, Merchant Hydro Developers, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Moresville Energy Pumped Storage Hydroelectric Project to be located in
Delaware County, New York. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) A new
upper reservoir with a surface area of 40 acres and a storage capacity
of 600 acre-feet at a surface elevation of approximately 2,850 feet
above mean sea level (msl) created through construction of a new
roller-compacted concrete or rock-filled dam and/or dike; (2)
excavating a new lower reservoir with a surface area of 30 acres and a
total storage capacity of 720 acre-feet at a surface elevation of 1,860
feet msl; (3) a new 4,660-foot-long, 48-inch-diameter penstock
connecting the upper and lower reservoirs; (4) a new 150-foot-long, 50-
foot-wide powerhouse containing two turbine-generator units with a
total rated capacity of 49 megawatts; (5) a new transmission line
connecting the powerhouse to a nearby 115-kilovolt electric grid
interconnection point; and (6) appurtenant facilities. Possible initial
fill water and make-up water would come from the nearby East Branch of
the Delaware River, including groundwater. The proposed project would
have an annual generation of 177,746 megawatt-hours.

    Applicant Contact: Adam Rousselle, Merchant Hydro Developers, LLC,
5710 Oak Crest Drive, Doylestown, PA 18902; phone:<PHONE_NUMBER>.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14830-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14830) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 1, 2017.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-19117 Filed 9-8-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Page 70081]
[FR Doc No: 2010-28760]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Release From Federal Grant Assurance Obligations for
Tucson International Airport, Tucson, AZ

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of request to release airport land.

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SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and
invites public comment on the application for a release of
approximately 2,000 square feet of airport property at Tucson
International Airport, Tucson, Arizona, from all conditions contained
in the Grant Assurances since the parcel of land is not needed for
airport purposes. The property will be sold for its fair market value
and the proceeds deposited in the airport account. The reuse of the
land for commercial purposes represents a compatible land use that will
not interfere with the airport or its operation. The interest of civil
aviation continues to be served by the release.

DATES: Comments must be received on or before December 16, 2010.

FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed
or delivered to the FAA at the following address: Tony Garcia, Airports
Compliance Program Manager, Federal Aviation Administration, Airports
Division, Federal Register Comment, 15000 Aviation Blvd., Lawndale, CA
90261. In addition, one copy of the comment submitted to the FAA must
be mailed or delivered to Ms. Jill L. Merrick, Vice President of
Planning and Development, Tucson Airport Authority, 7005 South Plumer
Avenue, Tucson, AZ 85756.

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 10-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register 30 days before the Secretary may
waive any condition imposed on a federally obligated airport by surplus
property conveyance deeds or grant agreements.
    The following is a brief overview of the request:
    Tucson Airport Authority, Tucson, Arizona requested a release from
grant assurance obligations for approximately 2,000 square feet of
airport land. The property is separated from the airport by a street
and located north of the intersection of Valencia Road and Park Avenue.
Due to its location, the property cannot be used for aeronautical
purposes. The land is presently used for parking by the neighboring
commercial property owner. The property line was not correctly stacked
causing the parking area to encroach into airport property. If the
commercial property corrects the boundary line by downsizing the
parking area, the commercial property will not comply with Tucson
building code because the parking area will be too small. The Tucson
Airport Authority has agreed to sell the small parcel being used for
parking in order to make the commercial property owner whole. The
release will allow 2,000 square feet to be sold to allow the commercial
property to comply with local law. The sale price will be based on its
appraised market value and the sale proceeds will be deposited in the
airport account. Continued use of the property for parking represents a
compatible use that will not interfere with airport operations. Tucson
Airport Authority will be justly compensated, thereby serving the
interests of civil aviation.

    Issued in Hawthorne, California, on November 2, 2010.
Debbie Roth,
Assistant Manager, Airports Division, Western-Pacific Region.
[FR Doc. 2010-28760 Filed 11-15-10; 8:45 am]
BILLING CODE 4910-13-P