[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Pages 7155-7158]
[FR Doc No: 2021-01593]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90955; File No. SR-NASDAQ-2021-002]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Modify and Expand the
Package of Complimentary Services Provided to Eligible Companies and
Update the Values of Certain Complimentary Services

January 19, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 8, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify and expand the package of
complimentary services provided to eligible companies and update the
values of certain complimentary.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    Nasdaq offers complimentary services under IM-5900-7 to companies
listing on the Nasdaq Global and Global Select Markets in connection
with an initial public offering in the United States, including
American Depository Receipts (other than a company listed under IM-
5101-2), upon emerging from bankruptcy, in connection with a spin-off
or carve-out from another company, in connection with a direct listing
as defined in IM-5315-1 (including the listing of American Depository
Receipts), or in conjunction with a business combination that satisfies
the conditions in Nasdaq IM-5101-2(b) (``Eligible New Listings'') and
to companies (other than a company listed under IM-5101-2) switching
their listing from the New York Stock Exchange (``NYSE'') to the Global
or Global Select Markets, or that have switched its listing from the
NYSE and listed on Nasdaq under IM-5101-2 after the company publicly
announced that it entered into a binding agreement for a business
combination and that subsequently satisfies the conditions in IM-5101-
2(b) and lists on the Global or Global Select Market in conjunction
with that business combination (``Eligible Switches'').\3\ Nasdaq
believes that the complimentary service program offers valuable
services to newly listing companies, designed to help ease the
transition of becoming a public company or switching markets, and makes
listing on Nasdaq more attractive to these companies. The services
offered include a whistleblower hotline, investor relations website,
disclosure services for earnings or other press releases, webcasting,
market analytic tools, and may include market advisory tools such as
stock surveillance (collectively the ``Service Package'').\4\
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    \3\ See Listing Rule IM-5900-7. Companies switching from a
national securities exchange other than the NYSE are not eligible to
receive complimentary services under IM-5900-7.
    \4\ In addition, all companies listed on Nasdaq receive other
standard services from Nasdaq, including Nasdaq Online and the
Market Intelligence Desk.
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    Currently, Nasdaq provides complimentary services from the Service
Package to the Eligible New Listings based on the following tiers:
    Eligible New Listing Tier 1: An Eligible New Listing that has a
market capitalization less than $750 million will receive the following
complimentary services for two years: Whistleblower Hotline, Investor
Relations website, $15,000 per year of Disclosure Services, Audio
Webcasting and Market Analytic Tools for two users. The total retail
value of these services is reflected in the existing rule as
approximately $75,500 per year. In addition, one-time development fees
of approximately $5,000 to establish the services in the first year
will be waived.\5\
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    \5\ Listing Rule IM-5900-7(c)(1). In this proposed rule change,
Nasdaq proposes to update the value of certain of the services and
the approximate retail value of the package offered to each of the
tiers of services.
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    Eligible New Listing Tier 2: An Eligible New Listing that has a
market capitalization of $750 million or more but less than $5 billion
will receive the following complimentary services for two years:
Whistleblower Hotline, Investor Relations website, $20,000 per year of
Disclosure Services, Audio Webcasting, Market Analytic Tools for two
users and the choice of one Market Advisory Tool. The total retail
value of these services is reflected in the existing rule as up to
approximately $137,000 per year. In addition, one-time

development fees of approximately $5,000 to establish the services in
the first year will be waived.\6\
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    \6\ Listing Rule IM-5900-7(c)(2).
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    Eligible New Listing Tier 3: An Eligible New Listing that has a
market capitalization of $5 billion or more will receive the following
complimentary services for two years: Whistleblower Hotline, Investor
Relations website, $20,000 per year of Disclosure Services, Audio
Webcasting, Market Analytic Tools for two users and the choice of two
Market Advisory Tools. The total retail value of these services is
reflected in the existing rule as up to approximately $181,000 per
year. In addition, one-time development fees of approximately $5,000 to
establish the services in the first year will be waived.\7\
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    \7\ Listing Rule IM-5900-7(c)(3).
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    Nasdaq also provides certain complimentary services from the
Service Package to the Eligible Switches based on the following tiers:
    Eligible Switch Tier 1: An Eligible Switch that has a market
capitalization less than $750 million will receive the following
complimentary services for two years: Whistleblower Hotline, Investor
Relations website, $15,000 per year of Disclosure Services, Audio
Webcasting and Market Analytic Tools for two users. The total retail
value of these services is reflected in the existing rule as
approximately $75,500 per year. In addition, one-time development fees
of approximately $5,000 to establish the services in the first year
will be waived.\8\
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    \8\ Listing Rule IM-5900-7(d)(1).
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    Eligible Switch Tier 2: An Eligible Switch that has a market
capitalization of $750 million or more but less than $5 billion will
receive the following complimentary services for four years:
Whistleblower Hotline, Investor Relations website, $20,000 per year of
Disclosure Services, Audio Webcasting, Market Analytic Tools for three
users and the choice of one Market Advisory Tool. The total retail
value of these services is reflected in the existing rule as up to
approximately $150,000 per year. In addition, one-time development fees
of approximately $5,000 to establish the services in the first year
will be waived.\9\
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    \9\ Listing Rule IM-5900-7(d)(2).
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    Eligible Switch Tier 3: An Eligible Switch that has a market
capitalization of $5 billion or more will receive the following
complimentary services for four years: Whistleblower Hotline, Investor
Relations website, $20,000 per year of Disclosure Services, Audio
Webcasting, Market Analytic Tools for four users and the choice of two
Market Advisory Tools. The total retail value of these services is
reflected in the existing rule as up to approximately $207,000 per
year. In addition, one-time development fees of approximately $5,000 to
establish the services in the first year will be waived.\10\
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    \10\ Listing Rule IM-5900-7(d)(3).
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    Based on Nasdaq's experience with offering the Service Package to
the Eligible New Listings and Eligible Switches, as well as in response
to changes in the competitive landscape, Nasdaq proposes to simplify
the structure of the Service Package by eliminating Tier 3 for Eligible
New Listings, extending the complimentary services period for the
Eligible New Listings from two to three years and including Media
Monitoring/Social Listening service, Virtual Event service, and certain
ESG services, as described in more detail below, in the complimentary
service package for Eligible New Listings and Eligible Switches.
    To improve transparency and ease the application of the rules,
Nasdaq proposes to adopt Listing Rule IM 5900-7A to describe the
current Service Package, applicable to eligible companies that list
before the effective date of this proposed rule change. Listing Rule IM
5900-7 is intended to be substantively identical to Listing Rule IM
5900-7A, except as modified by this proposal (the ``New Service
Package''). Accordingly, Listing Rule IM 5900-7 will describe the
service package for eligible companies listing on or after the
effective date of this SR-NASDAQ-2021-002, whereas Listing Rule IM
5900-7A will describe the service package for eligible companies that
listed before the effective date of this SR-NASDAQ-2021-002. To that
end, Nasdaq proposes to update the title of Listing Rule IM-5700-7.
    Under the proposal, the New Service Package will include the Media
Monitoring/Social Listening service. This service tracks coverage of
company mentions, news and events across online and social media and
has a retail value of approximately $12,000 per year. The New Service
Package will also include a Virtual Event service. Through this service
a company will receive access to a virtual event platform for one
investor or capital market day presentation event. A company is
eligible to receive this service once in the period during which the
company is eligible to receive services from the New Service Package.
This service has a retail value of approximately $20,400.
    Given the increased attention from shareholders and other
stakeholders to Environmental, Social and Governance (ESG) disclosure,
Nasdaq proposes to offer Eligible Switches and Eligible New Listings an
ESG Core service. Through this service, companies will receive access
to a software solution that will simplify the gathering, tracking,
approving, managing and disclosing of ESG data, including the most
universal and useful ESG metrics to provide insight into the
sustainability performance of the company. This service has a retail
value of approximately $20,000 per year. In addition, one-time
development fees of approximately $1,000 to establish the product in
the first year will be waived.\11\
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    \11\ The Service Package currently provides that one-time
development fees of approximately $5,000 to establish the services
in the first year will be waived for Eligible New Listings and
Eligible Switches. With the additional waiver of one-time
development fees of approximately $1,000, the New Service Package
provides that one-time development fees of approximately $6,000 will
be waived.
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    Nasdaq also proposes to offer Eligible New Listings and Eligible
Switches that have a market capitalization of $750 million or more an
ESG Education & Sector Benchmarking Services, whereby companies will
receive access to ESG education, insight and sector benchmarks to help
them understand the ESG landscape. The education provided will include
insight into capital invested in ESG strategies, overview of ESG
frameworks, insight into ESG rating providers and other ESG
information. The sector benchmarks will provide transparency into
aggregated ESG disclosure practices for the company's specified sector.
This service has a retail value of approximately $30,000 per year.
    As such, under the proposal, Eligible New Listings and Eligible
Switches that have a market capitalization less than $750 million will
be eligible to receive the ESG Core Service. Eligible New Listings and
Eligible Switches that have a market capitalization of $750 million or
more will be eligible to receive the ESG Core Service and the ESG
Education & Sector Benchmarking Service.
    The Exchange believes that offering the Media Monitoring/Social
Listening service, the Virtual Event service, and the ESG services, as
described above, to newly public companies will help them fulfill their
responsibilities as public companies and provide information important
for communicating with their investors. However, no company is required
to use these services as a condition of listing. As is the case with
other complimentary services, at the end of the package term, companies
may

choose to renew these services or discontinue them. If a company
chooses to discontinue the services, there would be no affect on the
company's continued listing on the Exchange.
    Finally, Nasdaq proposes to update the values of the services
contained in Listing Rules IM-5900-7, IM-5900-8, and proposed IM-5900-
7A to their current values. Depending on a company's market
capitalization and whether it is an Eligible New Listing or an Eligible
Switch, the total revised value of the services provided in the New
Service Package ranges from $238,200 to $1,118,000, and one-time
development fees of approximately $6,000 are waived.\12\
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    \12\ The exact values are set forth in proposed IM-5900-7, IM-
5900-8 and IM-5900-7A. Under the current rule the stated value of
the services provided ranges from $151,000 to $828,000, and one-time
development fees of approximately $5,000 are waived. In describing
the total value of the services for companies that can select more
than one market advisory tool, Nasdaq presumes that a company would
use stock surveillance, which has an approximate retail value of
$56,500, and global targeting, which has an approximate retail value
of $48,000 as revised ($44,000 previously). Companies could, of
course, select different combinations of the three services offered,
but these other combinations would have lower total approximate
retail values.
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    Nasdaq notes that no other company will be required to pay higher
fees as a result of the proposed amendments and represents that
providing this service will have no impact on the resources available
for its regulatory programs.
    2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. It is also consistent with this provision because it is not
designed to permit unfair discrimination between issuers. Nasdaq also
believes that the proposed rule change is consistent with the
provisions of Sections 6(b)(4) \15\ and 6(b)(8),\16\ in that the
proposal is designed, among other things, to provide for the equitable
allocation of reasonable dues, fees, and other charges among Exchange
members and issuers and other persons using its facilities and that the
rules of the Exchange do not impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Exchange
Act.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(4).
    \16\ 15 U.S.C. 78f(8).
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    Nasdaq faces competition in the market for listing services,\17\
and competes, in part, by offering valuable services to companies.
Nasdaq believes that it is reasonable to offer complimentary services
to attract and retain listings as part of this competition. All
similarly situated companies are eligible for the same package of
services. Nasdaq previously created different tiers of services based
on a market capitalization. Nasdaq believes that it is appropriate to
offer different services based on a company's market capitalization
given that larger companies generally will need more and different
governance, communication and intelligence services.\18\
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    \17\ The Justice Department has noted the intense competitive
environment for exchange listings. See ``NASDAQ OMX Group Inc. and
Intercontinental Exchange Inc. Abandon Their Proposed Acquisition Of
NYSE Euronext After Justice Department Threatens Lawsuit'' (May 16,
2011), available at http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
    \18\ Exchange Act Release No. 65963, 76 FR at 79265.
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    Nasdaq believes offering the ESG Core service and the ESG Education
& Sector Benchmarking service which, in part, provide access to ESG
education and promote disclosure of ESG data, including the most
universal and useful ESG metrics to provide insight into the
sustainability performance of companies promotes just and equitable
principles of trade and protects investors and the public interest by
allowing Nasdaq listed companies to enhance ESG disclosure relevant to
shareholders investment decisions. Nasdaq believes that by making this
service available more companies will seek to enhance their ESG
disclosure to achieve these benefits. However, no company is required
to use this service.
    Nasdaq believes that offering different ESG services based on a
company's market capitalization is not unfairly discriminatory because
larger companies generally will need more and different ESG services.
The distinction based on market capitalization is also clear and
transparent.
    Nasdaq believes that it is appropriate to eliminate the third tier
for Eligible New Listings that have a market capitalization of $5
billion or more because it simplifies the structure of the New Service
Package by removing one level of discrimination among the Eligible New
Listings.\19\ Nasdaq believes that the removal this tier is not
unfairly discriminatory because all similarly situated companies are
eligible for the same package of services.
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    \19\ Nasdaq does not propose changes to the tier structure for
Eligible Switches.
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    Similarly, Nasdaq believes that offering Media Monitoring/Social
Listening service and Virtual Event service, as described above, to
newly public companies promotes just and equitable principles of trade
and protects investors and the public interest by helping Eligible New
Listings and Eligible Switches fulfill their responsibilities as public
companies through enhanced stakeholder engagement. However, no company
is required to use this service.
    Nasdaq believes that it is appropriate to offer complimentary
services for a longer period to Eligible New Listings that list after
approval of this proposal than the period for which such services are
provided to companies already listed on Nasdaq. The purpose of the
proposal is to attract future listings and this competitive purpose
would not be served by providing the complimentary services for an
extended period to companies that are already listed.
    In addition, the Exchange expects that companies that consider
listing on Nasdaq after the proposal is approved will take the enhanced
offering into account when choosing their listing market and budgeting
for their needs that are met by the complimentary services, whereas
existing listed companies will have made their market choice and
undertaken their financial planning on the basis of the current
services offering and will not in any way be harmed by the proposed
change. Based on the above, the Exchange believes that, upon approval
of this proposal, the complimentary services will be equitably
allocated among issuers as required by Section 6(b)(4) of the Act and
the proposal does not unfairly discriminate among issuers as required
by Section 6(b)(5) of the Act.
    As a result of extending the complimentary services period for the
Eligible New Listings from two to three years, an Eligible New Listing
that has a market capitalization less than $750 million will receive
the complimentary services for three years, whereas an Eligible Switch
that has a market capitalization less than $750 million will continue
to receive the complimentary services for two years. Nasdaq believes
that this distinction is not unfairly discriminatory because an
Eligible Switch that has a market capitalization less than $750
million, generally, already received certain complimentary services
while listed on the NYSE. In addition, the NYSE recently extended the
period for the complimentary services provided to eligible new listings
and eligible transfer

companies from 24 months to 48 months.\20\ As stated above, Nasdaq
faces competition in the market for listing services, and competes, in
part, by offering valuable services to companies. Accordingly Nasdaq
believes that it is reasonable to enhance complimentary services to
attract Eligible New Listings as part of this competition.
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    \20\ Exchange Act Release No. 90466 (November 20, 2020), 85 FR
76129 (November 27, 2020) (SR-NYSE-2020-94).
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    The Commission has previously indicated pursuant to Section 19(b)
of the Exchange Act \21\ that updating the values of the services
within the rule is necessary,\22\ and Nasdaq does not believe this
update has an effect on the allocation of fees nor does it permit
unfair discrimination, as issuers will continue to receive the same
services, except for the additional services described above. Further,
this update will enhance the transparency of Nasdaq's rules and the
value of the services it offers companies, thus promoting just and
equitable principles of trade. As such, the proposed rule change is
consistent with the requirements of Section 6(b)(4) and (5) of the
Exchange Act.
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    \21\ 15 U.S.C. 78s(b).
    \22\ See Exchange Act Release No. 72669 (July 24, 2014), 79 FR
44234 (July 30, 2014) (SR-NASDAQ-2014-058) (footnote 39 and
accompanying text: ``We would expect Nasdaq, consistent with Section
19(b) of the Exchange Act, to periodically update the retail values
of services offered should they change. This will help to provide
transparency to listed companies on the value of the free services
they receive and the actual costs associated with listing on
Nasdaq.'').
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    Finally, Nasdaq notes that the proposed change to update the title
in IM-5900-7 is consistent with Section 6(b)(5) of the Exchange Act
because it will clarify the rule without making any substantive change.
    Nasdaq represents, and this proposed rule change will help ensure,
that individual listed companies are not given specially negotiated
packages of products or services to list, or remain listed, which the
Commission has previously stated would raise unfair discrimination
issues under the Exchange Act.\23\
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    \23\ See Exchange Act Release No. 79366, 81 FR 85663 at 85665
(citing Securities Exchange Act Release No. 65127 (August 12, 2011),
76 FR 51449, 51452 (August 18, 2011) (approving NYSE-2011-20)).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As noted above, Nasdaq faces
competition in the market for listing services, and competes, in part,
by offering valuable services to companies. The proposed rule changes
reflect that competition, but do not impose any burden on the
competition with other exchanges. Other exchanges can also offer
similar services to companies, thereby increasing competition to the
benefit of those companies and their shareholders. Accordingly, Nasdaq
does not believe the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Exchange Act, as amended.

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2021-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2021-002. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2021-002 and should be submitted
on or before February 16, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01593 Filed 1-25-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Page 43825]
[FR Doc No: 2020-15612]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP20-1017-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--EQT Amended
NRA 911235 eff 7-8-2020 to be effective 7/8/2020.
    Filed Date: 7/8/20.
    Accession Number: 20200708-5085.
    Comments Due: 5 p.m. ET 7/20/20.

    Docket Numbers: RP20-1018-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol. 2--Amended Non-Conforming
Discount Agreement--Empire District Electric Co. to be effective 7/8/
2020.
    Filed Date: 7/8/20.
    Accession Number: 20200708-5086.
    Comments Due: 5 p.m. ET 7/20/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 10, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-15612 Filed 7-17-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Rules and Regulations]
[Page 32529-32531]
[DOCID:fr13jn07-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0590; FRL-8325-8]

Approval and Promulgation of Implementation Plans; Revisions to
the Nevada State Implementation Plan; Request for Rescission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the rescission of the Federal implementation
plan promulgated under the Clean Air Act for the regulation of fugitive
sulfur oxides emissions from a copper smelter that had operated in the
State of Nevada but that is no longer in existence. This rescission was
proposed in the Federal Register on August 28, 2006. The intended
effect is to rescind unnecessary provisions from the applicable plan.

DATES: Effective Date: This rule is effective on July 13, 2007.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0590 for
this action. The index to the docket is available electronically at
http://regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA's Response
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 28, 2006 (71 FR 50875), EPA proposed approval and
disapproval of portions of the State's rescission request and approval
of certain replacement provisions. One of the rescission requests for
which we proposed approval involved a Federal implementation plan (FIP)
that we promulgated in the 1970's at 40 CFR 52.1475(c), (d), and (e) to
regulate sulfur oxides from the Kennecott Copper Company smelter
located in White Pine County, Nevada. As described further in our
Technical Support Document (TSD) for the proposed rule, we found that
the last vestige of the Kennecott Copper Company McGill facility, which
was the subject of the FIP requirements in 52.1475, was removed from
the area in 1993, and, therefore, the related FIP provisions are
obsolete. The TSD contains more information about our proposed action.
On January 3, 2007 (72 FR 11), we took final action on most of the
provisions for which we had proposed action on August 28, 2006. This is
the second final action related to our August 28, 2006 proposal. We
will take final action on the remaining few provisions for which we
proposed action on August 28, 2006 in a third separate action.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments related to the proposed
rescission of the FIP for regulation of the Kennecott Copper Company
smelter in White Pine County, Nevada.

III. EPA Action

    As authorized in section 110(k)(3) of the Clean Air Act, EPA is
finalizing the approval of the rescission of the Federal implementation
plan promulgated for the regulation of fugitive sulfur oxides emissions
from the Kennecott Copper Company smelter that had operated in White
Pine County, Nevada, but that is no longer in existence. EPA is
codifying this action by revising 40 CFR 52.1475 to remove paragraphs
(c), (d), and (e).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.'' This action will rescind a Federally promulgated
rule for an air pollution emissions source that no longer exists.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This action will merely rescind a Federally promulgated rule for an air
pollution emissions source that no longer exists.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources;

complete and review the collection of information; and transmit or
otherwise disclose the information.
    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 OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this rule will not have a significant
impact on a substantial number of small entities because this rule
merely rescinds a Federally promulgated rule for an air pollution
emissions source that no longer exists.

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that this final rule does not include a Federal
mandate that may result in estimated costs of $100 million or more to
either State, local, or tribal governments in the aggregate, or to the
private sector. This Federal action rescinds a Federally promulgated
rule for an air pollution emissions source that no longer exists, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects 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, as specified in Executive Order 13132, because it
merely rescinds a Federally promulgated rule for an air pollution
emissions source that no longer exists, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. Thus, the requirements of section 6
of the Executive Order do not apply to this rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled (Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This final rule does not have tribal
implications, as specified in Executive Order 13175. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045, Protection of
Children from Environmental Health risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it finalizes the rescission of a
federally promulgated rule.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use (voluntary consensus standards'' (VCS)
if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994), establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. Because this rule amendment rescinds a federal
implementation plan for a source that has closed down, this rule
amendment that does not relax the control measures on sources regulated
by the rule and therefore will not cause emissions increases from these
sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective July 13, 2007.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 13, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: June 5, 2007.
Stephen L. Johnson,
Administrator.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart DD--Nevada

Sec.  52.1475  [Amended]

0
2. Section 52.1475 is amended by removing paragraphs (c), (d), and (e).

[FR Doc. E7-11321 Filed 6-12-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29368-29371]
[FR Doc No: 2017-13405]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9437; Directorate Identifier 2016-NM-131-AD;
Amendment 39-18941; AD 2017-13-11]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Model G-IV airplanes. This AD was prompted by a report indicating that
the G-IV gust lock system allows more throttle travel than was intended
and could allow the throttle to be advanced to reach take-off thrust.
This AD requires modification of the gust lock system, and a revision
of the maintenance or inspection program to incorporate functional
tests. We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective August 3, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 3,
2017.

ADDRESSES: For service information identified in this final rule,
contact Gulfstream Aerospace Corporation, Technical Publications Dept.,
P.O. Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax
912-965-3520; email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9437.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9437; 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 address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gideon Jose, Aerospace Engineer,
Systems and Equipment Branch, ACE-119A, FAA, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA
30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Gulfstream Aerospace
Corporation Model G-IV airplanes. The NPRM published in the Federal
Register on December 12, 2016 (81 FR 89397) (``the NPRM''). The NPRM
was prompted by a report indicating that the G-IV gust lock system
allows more throttle travel than was intended and could allow the
throttle to be advanced to reach take-off thrust. The intended function
of the gust lock system is to restrict throttle lever movement to a
maximum of 6 degrees of forward travel, which provides an unmistakable
warning to the pilot that the gust lock system is still engaged,
prohibiting the use of the primary flight control surfaces. The NPRM
proposed to require modification of the gust lock system, and a
revision of the maintenance or inspection program to incorporate
functional tests. We are issuing this AD to prevent the throttle lever
movement from advancing more than 6 degrees of forward travel, which
could result in the aircraft reaching near take-off thrust and high
velocities without primary flight

controls (aileron, elevator, and rudder) and cause a failure to rotate
during take-off and high speed runway overrun.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. The commenter, the
National Transportation Safety Board (NTSB), supported the NPRM.

New Service Information

    Since we issued the NPRM, we received the following customer
bulletins that clarify the modification instructions, and we have
revised paragraph (g) of this AD to refer to these bulletins:
     Gulfstream IV Customer Bulletin Number 236B, dated
February 3, 2017;
     Gulfstream G300 Customer Bulletin Number 236B, dated
February 3, 2017; and
     Gulfstream G400 Customer Bulletin Number 236B, dated
February 3, 2017.
    We have also added the following customer bulletins to paragraph
(k) of this AD to provide credit for the actions required by paragraph
(g) of this AD if those actions were performed before the effective
date of this AD:
     Gulfstream IV Customer Bulletin Number 236A, dated August
8, 2016;
     Gulfstream G300 Customer Bulletin Number 236A, dated
August 8, 2016; and
     Gulfstream G400 Customer Bulletin Number 236A, dated
August 8, 2016.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following customer bulletins:
     Gulfstream IV Customer Bulletin Number 236B, dated
February 3, 2017;
     Gulfstream G300 Customer Bulletin Number 236B, dated
February 3, 2017; and
     Gulfstream G400 Customer Bulletin Number 236B, dated
February 3, 2017.
    The service information describes procedures for modifying the gust
lock system by doing a retrofit of the gust lock throttle interlock.
These documents are distinct since they apply to different airplane
models in different configurations.
    We also reviewed the following temporary revisions (TRs):
     Gulfstream IV Maintenance Manual TR 27-3, dated April 29,
2016;
     Gulfstream IV MSG-3 Maintenance Manual TR 27-3, dated
April 29, 2016;
     Gulfstream G300 Maintenance Manual TR 27-3, dated April
29, 2016; and
     Gulfstream G400 Maintenance Manual TR 27-3, dated April
29, 2016.
    The service information describes procedures for a functional test
of the throttle lever gust lock protection. These documents are
distinct since they apply to different airplane models in different
configurations.
    We also reviewed the following temporary revisions:
     Gulfstream IV Maintenance Manual TR 5-7, dated April 29,
2016;
     Gulfstream IV MSG-3 Maintenance Manual TR 5-6, dated April
29, 2016;
     Gulfstream G300 Maintenance Manual TR 5-3, dated April 29,
2016; and
     Gulfstream G400 Maintenance Manual TR 5-3, dated April 29,
2016.
    The service information describes an airworthiness limitation
(certification maintenance requirement) task to do functional tests of
the throttle lever gust lock protection. These documents are distinct
since they apply to different airplane models in different
configurations.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 425 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
----------------------------------------------------------------------------------------------------------------
Modification and Maintenance or         109 work-hours x $85 per          $9,080         $18,345      $7,796,625
 Inspection Program Revision.            hour = $9,265.
----------------------------------------------------------------------------------------------------------------

    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):

2017-13-11 Gulfstream Aerospace Corporation: Amendment 39-18941;
Docket No. FAA-2016-9437; Directorate Identifier 2016-NM-131-AD.

(a) Effective Date

    This AD is effective August 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Gulfstream Aerospace Corporation Model G-
IV airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Unsafe Condition

    This AD was prompted by a report indicating that the G-IV gust
lock system allows more throttle travel than was intended and could
allow the throttle to be advanced to reach take-off thrust. The
intended function of the gust lock system is to restrict throttle
lever movement to a maximum of 6 degrees of forward travel, which
provides an unmistakable warning to the pilot that the gust lock
system is still engaged, prohibiting the use of the primary flight
control surfaces. We are issuing this AD to prevent the throttle
lever movement from advancing more than 6 degrees of forward travel,
which could result in the aircraft reaching near take-off thrust and
high velocities without primary flight controls (aileron, elevator,
and rudder) and cause a failure to rotate during take-off and high
speed runway overrun.

(f) Compliance

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

(g) Modification

    Within 36 months after the effective date of this AD, modify the
gust lock system by doing a retrofit of the gust lock throttle
interlock, in accordance with the Accomplishment Instructions of the
applicable service information specified in paragraph (g)(1),
(g)(2), or (g)(3) of this AD.
    (1) Gulfstream IV Customer Bulletin Number 236B, dated February
3, 2017.
    (2) Gulfstream G300 Customer Bulletin Number 236B, dated
February 3, 2017.
    (3) Gulfstream G400 Customer Bulletin Number 236B, dated
February 3, 2017.

(h) Maintenance or Inspection Program Revision To Include a Functional
Test

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate a
functional test of the throttle lever gust lock protection specified
in the applicable temporary revision (TR) identified in paragraphs
(h)(1) through (h)(4) of this AD. The initial compliance time for
the functional test is within the applicable time specified in
paragraphs (h)(1) through (h)(4) of this AD, or within 90 days after
the effective date of this AD, whichever occurs later. The
functional test must be done in accordance with the applicable
service information specified in paragraphs (i)(1) through (i)(4) of
this AD.
    (1) For Gulfstream IV Maintenance Manual TR 5-7, dated April 29,
2016: Within 12 months or 4,500 flight hours, whichever occurs first
after accomplishing the modification required by paragraph (g) of
this AD.
    (2) For Gulfstream IV MSG-3 Maintenance Manual TR 5-6, dated
April 29, 2016: Before the next 1C maintenance check or within 4,500
flight hours, whichever occurs first after accomplishing the
modification required by paragraph (g) of this AD.
    (3) For Gulfstream G300 Maintenance Manual TR 5-3, dated April
29, 2016: Before the next 1C maintenance check or within 4,500
flight hours, whichever occurs first after accomplishing the
modification required by paragraph (g) of this AD.
    (4) For Gulfstream G400 Maintenance Manual TR 5-3, dated April
29, 2016: Before the next 1C maintenance check or within 4,500
flight hours, whichever occurs first after accomplishing the
modification required by paragraph (g) of this AD.

(i) Service Information for the Functional Test of the Throttle Lever
Gust Lock Protection

    The functional test of the throttle lever gust lock protection
specified in paragraph (h) of this AD must be done in accordance
with the applicable service information specified in paragraphs
(i)(1) through (i)(4) of this AD.
    (1) Gulfstream IV Maintenance Manual TR 27-3, dated April 29,
2016.
    (2) Gulfstream IV MSG-3 Maintenance Manual TR 27-3, dated April
29, 2016.
    (3) Gulfstream G300 Maintenance Manual TR 27-3, dated April 29,
2016.
    (4) Gulfstream G400 Maintenance Manual TR 27-3, dated April 29,
2016.

(j) No Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (h) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (m) of this
AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the applicable service information
identified in paragraph (k)(1), (k)(2), or (k)(3) of this AD.
    (1) Gulfstream IV Customer Bulletin Number 236, dated June 1,
2016; or 236A, dated August 8, 2016.
    (2) Gulfstream G300 Customer Bulletin Number 236, dated June 1,
2016; or 236A, dated August 8, 2016.
    (3) Gulfstream G400 Customer Bulletin Number 236, dated June 1,
2016; or 236A, dated August 8, 2016.

(l) Exception for Reporting and Return of Parts

    Although the service information identified in paragraph (g) of
this AD specifies to submit certain information to the manufacturer
and to return parts to the manufacturer, this AD does not include
those requirements.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta Aircraft Certification Office (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 (n)(1) 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.
    (3) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(m)(3)(i) and (m)(3)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps,

including substeps and identified figures, can still be done as
specified, and the airplane can be put back in an airworthy
condition.

(n) Related Information

    (1) For more information about this AD, contact Gideon Jose,
Aerospace Engineer, Systems and Equipment Branch, ACE-119A, FAA,
Atlanta ACO, 1701 Columbia Avenue, College Park, GA 30337; phone:
404-474-5569; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.

(o) 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) Gulfstream G300 Customer Bulletin Number 236B, dated
February 3, 2017.
    (ii) Gulfstream G300 Maintenance Manual Temporary Revision 27-3,
dated April 29, 2016.
    (iii) Gulfstream G300 Maintenance Manual Temporary Revision 5-3,
dated April 29, 2016.
    (iv) Gulfstream G400 Customer Bulletin Number 236B, dated
February 3, 2017.
    (v) Gulfstream G400 Maintenance Manual Temporary Revision 27-3,
dated April 29, 2016.
    (vi) Gulfstream G400 Maintenance Manual Temporary Revision 5-3,
dated April 29, 2016.
    (vii) Gulfstream IV Customer Bulletin Number 236B, dated
February 3, 2017.
    (viii) Gulfstream IV Maintenance Manual Temporary Revision 27-3,
dated April 29, 2016.
    (ix) Gulfstream IV Maintenance Manual Temporary Revision 5-7,
dated April 29, 2016.
    (x) Gulfstream IV MSG-3 Maintenance Manual Temporary Revision
27-3, dated April 29, 2016.
    (xi) Gulfstream IV MSG-3 Maintenance Manual Temporary Revision
5-6, dated April 29, 2016.
    (3) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax 912-
965-3520; email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 16, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-13405 Filed 6-28-17; 8:45 am]
 BILLING CODE 4910-13-P


To: Lydia Wegman/RTP/USEPA/US@EPA

From: "King, Heidi R."<EMAIL_ADDRESS>
Date: 04/30/2008 02:35PM

Subject: DOT comments

EPA deleted a footnote related to transportation conformity.  We believe
that the clarification related to transportation conformity should be
re-inserted into the document. (originally page 343, footnote 125).

DOT’s Comments on the Preamble to EPA’s Proposed Rule for Lead NAAQS

[Additional comments on the April 29 version, in red]

Page 15, first paragraph under C -- “In addition, Federal programs
provide for nationwide reductions in emissions of these and other air
pollutants through the Federal Motor Vehicle Control Program under Title
II of the Act (42 U.S.C. 7521–7574), which involves controls for
automobile, truck, bus, motorcycle, nonroad engine, and aircraft
emissions; …”   Do these control programs contribute to the
reduction of lead specifically?  EPA may want to specify.   [P. 15 -
Comment not addressed]

Page 29 , top of the page --“…the top five of which include: mobile
sources13; industrial, commercial, institutional and process boilers;
utility boilers; iron and steel foundries; and primary Pb smelting
(Staff Paper Section 2.2).”  This sentence implies that mobile sources
are the most prevalent source of lead emissions.  According to footnote
13, all the mobile source emissions were coming from “leaded aviation
gas”.  Is this a correct interpretation?  Can EPA provide more
information? [P. 18 - Comment not addressed]

Page 74, first paragraph the second sentence is speculative.   [P. 84 -
Comment not addressed.  This sentence “Although estimates of the
number of individuals, including children, living within close proximity
to roadways specifically recognized for this potential have not been
developed, these numbers may be substantial” should be deleted.]

Pg 292,  second paragraph --“This monitoring requirement would apply
not only to existing industrial sources of lead, but also to fugitive
sources of lead… and airports where leaded aviation gas is used.”
If monitors are too heavily focused on airports, the National Emissions
Inventory may misrepresent the contribution of leaded aviation gas to
the total inventory of lead emissions.   [P. 301 - Comment not
addressed.]

Page 294, second paragraph --“Data from these monitors will also be
useful in determining impacts on Pb concentrations from mobile sources
(e.g., re-entrained roadway dust), construction and demolition projects;
and in determining the spatial variation in Pb concentrations between
areas that are source impacted and non-source impacted. Such data on
spatial variations within an urban area could assist with the
determination of non-attainment boundaries.”  What will be the policy
implications, if any, on the transportation sector if such monitoring
data are used in the non-attainment determination?  For example, will
transportation conformity be required if re-entrained road dust is
determined to be a significant contributor to lead concentration?  The
transportation conformity rule does not currently address lead
non-attainment areas.  Also, will the monitoring data have any bearing
on PM10 nonattainment designation?     [P. 303 – partially addressed,
but the comments on PM10 nonattainment designations was not addressed.]

Page 295, second paragraph –“Lead concentrations near roadways are
not well understood at this time.”  On page 98, EPA states that
“This pathway is included in the “past air” category (and could
include contamination from historic Pb emissions from automobiles and Pb
paint.).”  We are concerned that re-entrained dust from highways is
considered policy relevant as “past dust”, despite the admission
that such lead concentrations are not “well understood.”  We support
EPA’s request for “comments on the need for monitoring near roadways
and the appropriateness of allowing near roadway monitoring to be used
to satisfy the requirement for non-source oriented monitoring.” [No
further comment.]

Page 312, final paragraph -- “Since lead was phased out of motor
vehicle gasoline, mobile sources are no longer a significant source of
violations of the current Pb NAAQS.”  It is not clear whether EPA is
referring to 2 different categories of fugitive dusts – one from
mobile source, and the other area sources.  Further, on page 330, EPA
states “The SIPs for lead nonattainment areas should provide for the
implementation of control measures for point and area stationary sources
and mobile sources of lead emissions…”.  These sound contradictory.
 [Comment on page 330 (new page 338) was not addressed.]

Page 339, first paragraph --“States should estimate mobile source
emissions by using the latest emissions models and planning assumptions
available at the time the SIP is developed. Information and guidance on
the latest emissions models is available at
http://www.epa.gov/otaq/stateresources/transconf/policy.htm#models  and
at http://www.epa.gov/otaq/models.htm .”  Neither the current
emissions model (MOBILE6.2) nor the model being developed (MOVES)
include lead emissions estimates or fugitive dust calculations.  EPA
needs to clarify why these models should be used.   [The comment was
addressed.  EPA deleted this paragraph.]

Page 343, footnote 125 -- EPA should also clarify that re-entrained road
dust as a contribution to lead concentration will not be subject to
transportation conformity. [EPA deleted this footnote.  The footnote on
transportation conformity should be included to provide clarification.
This comment should be addressed when EPA re-inserts this footnote.]

New comments:

Page 336 – first full paragraph “ The technical guidance that
discusses in detail the suggested initial measures for RACM and RACT for
lead are contained in a document entitled “Fugitive Dust Background
Document and Technical Information Document for Best Available Control
Measures” (EPA-450/2-92-004, September 1992). ”  This sentence is
misleading.  The technical guidance cited here deals with fugitive dust
measures only, but not RACM or RACT in general as implied.  EPA needs to
clarify.

Pages 337-338, new paragraph on RACT, EPA needs to clearly state that
these RACT requirements apply to stationary sources only.


[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Page 22591]
[FR Doc No: C1-2013-07009]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69202; File No. SR-BOX-2013-15]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Fee Schedule To Establish Fees for Mini Options on BOX

March 21, 2013.

Correction

    In notice document 2013-7009, appearing on pages 18642-18646 in the
issue of Wednesday, March 27, 2013, make the following correction:
    On page 18642, in the second column, the Release No. and File No.,
which were inadvertently omitted from the document heading, are added
to read as set forth above.

[FR Doc. C1-2013-07009 Filed 4-15-13; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Pages 69266-69268]
[FR Doc No: 2015-28403]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76332; File No. SR-ISEGemini-2015-23]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
of Proposed Rule Change To Comply With the Requirements of Rule 1004 of
Regulation SCI

November 3, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 23, 2015, ISE Gemini, LLC (the ``Exchange'' or the
``ISE Gemini'') filed with the Securities and Exchange Commission the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    ISE Gemini proposes to designate all members that function as
Primary Market Makers (``PMMs'') as necessary for the maintenance of a
fair and orderly market should business continuity and disaster
recovery plans (collectively ``DR Plans'') be activated, and proposes
to require PMMs to participate in scheduled functional and performance
testing of the operation of such DR Plans by amending Rule 803,
Obligations of Market Makers. The Exchange notes that ISE Rule 1903 v
\3\ Order Routing to Other Exchanges, which is incorporated by
reference into ISE Gemini's rulebook, designates members that function
as Linkage Handlers as necessary for the maintenance of a fair and
orderly market should DR Plans be activated and requires Linkage
Handlers to participate in scheduled functional and performance testing
of the operation of such DR Plans. The text of the proposed rule change
is available on the Exchange's Web site at www.ise.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.
---------------------------------------------------------------------------

    \3\ This rule is being amended by SR-ISE-2015-35 to designate
Linkage Handlers as necessary for the maintenance of a fair and
orderly market should the Exchange's DR Plans activate, and require
Linkage Handlers to participate in scheduled functional and
performance testing of the operation of such DR Plans.

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

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    Rule 1004 requires the establishment of standards for the
designation of those members the Exchange reasonably determines are,
taken as a whole, the minimum necessary for the maintenance of a fair
and orderly market should the Exchange's business continuity and
disaster recovery plans be activated. Rule 1004 also requires the
Exchange to designate members pursuant to those standards and require
participation by such members in scheduled functional and performance
testing of the operation of such plans, in the manner and frequency
specified by the Exchange, provided that such frequency shall not be
less than once every 12 months. Therefore, in accordance with Rule
1004, the Exchange proposes to designate all PMMs \4\ and Linkage
Handlers,\5\ as the minimum necessary for the maintenance of a fair and
orderly market should the Exchange's DR Plans be activated. This
proposed rule also mandates participation by designated members in
scheduled functional and performance testing of the operation of such
DR Plans.
---------------------------------------------------------------------------

    \4\ A PMM posts two-sided continuous quotations in all of the
options classes to which it is appointed and undertakes special
responsibilities for maintaining fair and orderly markets. PMM
memberships are represented by PMM Trading Rights. The options
classes trading on ISE Gemini are divided into groups or ``bins'',
each with one PMM. One PMM member may, however, represent more than
one bin.
    \5\ A Linkage Handler is a broker that is unaffiliated with the
Exchange with which the Exchange has contracted with to provide
routing services, by routing certain orders, to other exchanges as
agent in connection with the Options Order Protection and Locked/
Crossed Market Plan. See .03 to Supplementary Material to ISE Rule
1901.
---------------------------------------------------------------------------

Background
    On November 19, 2014, the Securities and Exchange Commission
unanimously voted to adopt Regulation SCI, which is a set of rules
designed to strengthen the technology infrastructure of the U.S.
securities markets.\6\ Specifically, the rules are designed to reduce
the occurrence of systems issues, improve resiliency when systems
problems do occur, and enhance the Commission's oversight and
enforcement of securities market technology infrastructure.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 73639 (November 19,
2014), 79 FR 72252 (December 5, 2014) (``SCI Adopting Release'').
    \7\ Division of Trading and Markets, Responses to Frequently
Asked Questions Concerning Regulation SCI at https://www.sec.gov/divisions/marketreg/regulation-sci-faq.shtml.
---------------------------------------------------------------------------

    Regulation SCI applies to ``SCI entities,'' a term which includes
SROs such as ISE Gemini. Regulation SCI requires SCI entities to, among
other things, (1) Eestablish written policies and procedures reasonably
designed to ensure that their systems have levels of capacity,
integrity, resiliency, availability, and security adequate to maintain
their operational capability; (2) mandate participation by designated
members in scheduled testing of the operation of their business
continuity and disaster recovery plans, including backup systems, and
to coordinate such testing on an industry- or sector-wide basis with
other SCI entities; (3) take corrective action with respect to ``SCI
events'' (such as systems disruptions, systems compliance issues, and
systems intrusions), and to notify the Commission of such events; (4)
disseminate information about certain SCI events to affected members
and, for certain ``major'' SCI events, to all members; and (5) review
their systems by objective, qualified personnel at least annually, to
submit quarterly reports regarding completed, ongoing, and planned
material changes to their SCI systems to the Commission, and to
maintain certain books and records.\8\
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

Proposed Rule Change
    Rule 1004 of Regulation SCI requires the establishment of standards
for the designation of those members ISE Gemini reasonably determines
are, taken as a whole, the minimum necessary for the maintenance of a
fair and orderly market should the Exchange activate its DR Plans. To
comply with this rule, the Exchange proposes to amend .02 of
Supplementary Material to ISE Gemini Rule 803, Obligations of Market
Makers, by designating all members that function as PMMs. The Exchange
also notes that .03 of Supplementary Material to ISE Rule 1903, Order
Routing to Other Exchanges, has been incorporated by reference into ISE
Gemini's rulebook and designates all members that function as Linkage
Handlers as necessary for the maintenance of a fair and orderly market
should the Exchange activate its DR Plans.\9\
---------------------------------------------------------------------------

    \9\ The Exchange notes that these designations are determined by
the members' respective functions.
---------------------------------------------------------------------------

    ISE Gemini believes PMMs (together with Linkage Handlers) meet the
requirements of Regulation SCI because they are vital to maintaining a
fair and orderly market. Among other things, PMMs compete with other
market makers \10\ to improve the market in all series of options
classes to which the PMM is appointed; make markets that are honored
for the number of contracts entered into the Exchange's system in all
series of options classes to which the PMM is appointed; update market
quotations in response to changed market conditions in all series of
options classes to which the PMM is appointed; and price option
contracts fairly.\11\ If the DR Plans are activated, PMMs will ensure
ISE Gemini's market continues to run smoothly. Similarly, Linkage
Handlers meet the requirements of Regulation SCI because they route
orders to other exchanges when ISE Gemini is not at the National Best
Bid or Offer (``NBBO''). Should the DR Plans be activated, Linkage
Handlers will ensure that investors receive the best price available
across all exchanges for their orders.
---------------------------------------------------------------------------

    \10\ Market makers refers to ``Competitive Market Makers'' and
``PMMs'' collectively. See ISE Gemini Rule 100(a)(25).
    \11\ See ISE Gemini Rule 803.
---------------------------------------------------------------------------

    Rule 1004 also requires that the Exchange mandate participation by
designated members in scheduled functional and performance testing of
the operation of such plans, in the manner and frequency specified by
the Exchange, provided that such frequency shall not be less than once
every 12 months. The Exchange now proposes that PMMs and Linkage
Handlers (requirements incorporated by reference) are required to
participate in scheduled functional and performance testing of such
plans at least once every 12 months. This testing will prepare the
designated members for certain SCI events, and enable the market to
continue operating without major issues during such events.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act, and the

rules and regulations thereunder that are applicable to a national
securities exchange, and, in particular, with the requirements of
section 6(b) of the Act.\12\ In particular, the proposal is consistent
with section 6(b)(5) of the Act,\13\ because it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed rule is consistent with the
Exchange Act because it complies with Regulation SCI's requirements.
ISE Gemini's Rule 803, and ISE Rule 1903, which is incorporated by
reference, designate members they determine are necessary for the
maintenance of a fair and orderly market if the Exchange's DR Plans are
activated and mandate participation by designated members in scheduled
functional and performance testing of the DR Plans at least once every
12 months.
    The Exchange further believes the proposed rule change is
consistent with the protection of investors and the public interest
because ISE Gemini has designated PMMs, which maintain a fair and
orderly market by making markets that are honored, competing with other
market makers to improve the market, updating market quotations, and
pricing option contracts fairly. Similarly, ISE Gemini has incorporated
by reference the designation of Linkage Handlers, which route certain
orders to other exchanges when ISE Gemini is not at the NBBO. This
provides investors with the best price available across exchanges for
their orders. Further, the proposed rule is consistent with the
protection of investors and the public interest because, as proposed
and incorporated by reference, these designated members are required to
participate in functional and performance testing of the DR Plans. As a
result, if the DR Plans are activated, the designated members and their
systems will be prepared to handle a potential SCI event and ensure
that investors can continue to trade during the event.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act because ISE Gemini is implementing the requirements of
Regulation SCI.

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
this proposed rule change. The Exchange has not received any written
comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\ 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 rule
change, or such shorter time as designated by the Commission, as
required by Rule 19b-4(f)(6).
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

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 No. SR-ISEGemini-2015-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISEGemini-2015-23. 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 Commissions 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. Copies of such filing also will
be available for inspection and copying at the principal office of ISE
Gemini. 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-
ISEGemini-2015-23 and should be submitted by November 30, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-28403 Filed 11-6-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37031-37032]
[FR Doc No: 2015-15814]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; 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:
    Rules 17h-1T and 17h-2T.
    SEC File No. 270-359, OMB Control No. 3235-0410.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rules
17h-1T and 17h-2T (17 CFR 240.17h-1T and 17 CFR 240.17h-2T), under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 17h-1T requires a covered broker-dealer to maintain and
preserve records and other information concerning certain entities that
are associated with the broker-dealer. This requirement extends to the
financial and securities activities of the holding company, affiliates
and subsidiaries of the broker-dealer that are reasonably likely to
have a material impact on the financial or operational condition of the
broker-dealer. Rule 17h-2T requires a covered broker-dealer to file
with the Commission quarterly reports and a cumulative year-end report
concerning the information required to be maintained and preserved
under Rule 17h-1T.
    The collection of information required by Rules 17h-1T and 17h-2T,
collectively referred to as the ``risk assessment rules'', is necessary
to enable the Commission to monitor the activities of a broker-dealer
affiliate whose business activities are reasonably likely to have a
material impact on the financial or operational condition of the
broker-dealer. Without this information, the Commission would be unable
to assess the potentially damaging impact of the affiliate's activities
on the broker-dealer.
    There are currently 306 respondents that must comply with Rules
17h-1T and 17h-2T. Each of these 306 respondents are estimated to
require 10 hours per year to maintain the records required under Rule
17h-1T, for an aggregate estimated annual burden of 3,060 hours (306
respondents x 10 hours). In addition, each of these 306 respondents
must make five annual responses under Rule 17h-2T. These five responses
are estimated to require 14 hours per respondent per year for an
aggregate estimated annual burden of 4,284 hours (306 respondents x 14
hours).
    In addition, new respondents must draft an organizational chart
required under Rule 17h-1T and establish a system for complying with
the risk assessment rules. The staff estimates that drafting the
required organizational chart requires one hour and establishing a
system for complying with the risk assessment rules requires three
hours. Based on the unchanged number of filers in recent years, the
staff estimates there will be zero new respondents, and thus, a
corresponding estimated burden of zero hours for new respondents. Thus,
the total compliance burden per year is approximately 7,344 burden
hours (3,060 hours + 4,284 hours).
    The retention period for the recordkeeping requirement under Rule
17h-1T is not less than two years following the date the notice is
submitted. There is no specific retention period or recordkeeping
requirement for Rule 17h-2T. The collection of information is
mandatory. All information obtained by the Commission pursuant to the
provisions of Rules 17h-1T and 17h-2T from a broker or dealer
concerning a material associated person is deemed confidential
information for the purposes of section 24(b) of the Exchange Act.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon,

100 F Street NE., Washington, DC 20549, or by sending an email to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: June 23, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15814 Filed 6-26-15; 8:45 am]
 BILLING CODE 8011-01-P