[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Pages 1351-1354]
[FR Doc No: 2011-51]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1280; Directorate Identifier 2010-NM-270-AD;
Amendment 39-16572; AD 2011-01-15]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757-200, -
200CB, and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitive inspections for
cracking of the fuselage skin of the crown skin panel along the chem-
milled step at stringers S-4 left and S-4 right, from stations (STA)
297 through 439, and repair if necessary. This AD also includes
terminating action for the repetitive inspections of the repaired areas
only. This AD was prompted by reports of cracking in the fuselage skin
of the crown skin panel. We are issuing this AD to detect and correct
fatigue cracking of the fuselage skin of the crown skin panel, which
could result in pressure venting and consequent rapid decompression of
the airplane.

DATES: This AD is effective January 25, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 25,
2011.
    We must receive comments on this AD by February 24, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We have received reports of cracking in the fuselage skin of the
crown skin panel. On one airplane, the crack was 10.75 inches long,
midway between stations (STA) 420 and 439, just above the lap joint at
stringer 4L (left) of the chem-milled step. The airplane had
accumulated 24,631 total flight cycles. On another airplane, there was
an opening from a crack in the fuselage above and aft of the passenger
entry doorway. One edge of the opening ran approximately 18 inches in
the forward-to-aft direction; the other edge ran approximately 12
inches along the chem-milled pocket edge above stringer 4L.
Additionally, a 1.3-inch crack was found in the skin forward of the
opening in the adjacent skin bay also in the chem-milled step above
stringer 4L. The airplane had accumulated 22,450 total

flight cycles. The subject cracking is attributed to fatigue. Such
cracking could initiate at multiple locations on the interior surface
along the chem-milled step edges above the stringer 4L or 4R (right)
lap splices of the skin. This condition, if not corrected, could result
in pressure venting and consequent rapid decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 757-53-0097,
dated November 22, 2010. The service information describes procedures
for repetitive inspections for cracking of the fuselage skin of the
crown skin panel along the chem-milled step at stringers S-4L and S-4R,
from STA 297 through 439, as specified in the options below. If any
crack is found, the service bulletin recommends contacting Boeing for
damage removal and repair instructions.
     Option A Inspection: An external detailed inspection of
the STA 297 through 439 crown skin panel at stringers S-4L and S-4R lap
joints.
     Option B Inspection: An external sliding probe eddy
current inspection of the STA 297 through 439 crown skin panel at
stringers S-4L and S-4R lap joints.
     Option C Inspection: An external spot probe medium
frequency eddy current inspection of the STA 297 through 439 crown skin
panel at stringers S-4L and S-4R lap joints.
    The compliance time for all of the initial inspections is before
the accumulation of 15,000 total flight cycles, or within 30 days after
the original issue date of the service bulletin, whichever occurs
later. The repetitive interval is specified below.
     Option A: At intervals not to exceed 30 flight cycles.
     Option B: At intervals not to exceed 300 flight cycles.
     Option C: At intervals not to exceed 200 flight cycles.
    The initial external detailed inspection specified in Option A, if
done, is repeated until either the Option B or Option C inspection is
accomplished within 90 days after the original date of the service
bulletin, and thereafter, either the Option B or Option C inspection is
repeated. Accomplishing the Option B or Option C inspection would
eliminate the need for the Option A inspection.
    A detailed external inspection may be applied no more than once for
each repeat interval of 300 flight cycles to extend the Option B repeat
inspection up to 330 flight cycles, and for each repeat interval of 200
flight cycles to extend the Option C inspection up to 230 flight
cycles--not to exceed 30 flight cycles after accomplishing the
inspection.
    Boeing Special Attention Service Bulletin 757-53-0097, dated
November 22, 2010, also includes certain exceptions to the inspection
of the edge of the chem-milled pocket under an existing external repair
doubler.

FAA's Determination

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

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between the AD and the Service Information.''

Difference Between the AD and the Service Information

    Boeing Special Attention Service Bulletin 757-53-0097, dated
November 22, 2010, specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this AD would
require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Interim Action

    We consider this AD interim action. An investigation is ongoing and
no terminating action has been developed yet.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
fatigue cracking of the fuselage skin of the crown skin panel could
result in pressure venting and consequent rapid decompression of the
airplane. Therefore, we find that notice and opportunity for prior
public comment are impracticable and that good cause exists for making
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA- 2010-1280; Directorate
Identifier 2010-NM-270-AD;'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 683 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Action                  Labor cost                 Parts cost             Cost per product                 Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.................  1 work-hour x $85 per   None.......................  $85 per inspection      $58,055 per inspection cycle.
                              hour = $85 per                                       cycle.
                              inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this AD.

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):

2011-01-15 The Boeing Company: Amendment 39-16572; Docket No. FAA-
2010-1280; Directorate Identifier 2010-NM-270-AD.

Effective Date

    (a) This AD is effective January 25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 757-200, -200CB,
and -300 series airplanes, certificated in any category, as
identified in Boeing Special Attention Service Bulletin 757-53-0097,
dated November 22, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 53: Fuselage.

Unsafe Condition

    (e) This AD was prompted by reports of cracking in the fuselage
skin of the crown skin panel. We are issuing this AD to detect and
correct fatigue cracking of the fuselage skin, which could result in
pressure venting and consequent rapid decompression of the airplane.

Compliance

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

Repetitive Inspections/Repair

    (g) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 757-53-
0097, dated November 22, 2010, except as required by paragraph (i)
of this AD: Do an external detailed, sliding probe eddy current, or
spot-probe-medium-frequency eddy current inspection for cracking of
the fuselage skin of the crown skin panel along the chem-milled step
at stringers S-4L (left) and S-4R (right), stations (STA) 297
through 439, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 757-53-0097, dated
November 22, 2010. Repeat the applicable inspection thereafter at
the interval specified in paragraph 1.E., ``Compliance,'' of Boeing
Special Attention Service Bulletin 757-53-0097, dated November 22,
2010.

Repair

    (h) If any crack is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD. Doing the repair ends the repetitive
inspections for the repaired area only.

Exception to Service Bulletin Specification

    (i) Where Boeing Special Attention Service Bulletin 757-53-0097,
dated November 22, 2010, specifies a compliance time after the date
on that service bulletin, this AD requires compliance within the
specified compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle 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 the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

Related Information

    (k) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
Material Incorporated by Reference

    (l) You must use Boeing Special Attention Service Bulletin 757-
53-0097, dated November 22, 2010, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of the service information under 5 U.S.C.
552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 28, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-51 Filed 1-7-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65486-65487]
[FR Doc No: 2018-27562]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0671; Airspace Docket No. 18-ACE-3]
RIN 2120-AA66

Establishment of Class E Airspace; Maurice, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Sioux County Regional Airport, Maurice,
IA. Controlled airspace is necessary to accommodate new standard
instrument approach procedures developed at Sioux County Regional
Airport, for the safety and management of instrument flight rules (IFR)
operations at this airport.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace extending upward from 700 feet above
the surface at Sioux County Regional Airport, Maurice, IA, to support
IFR operations at the airport.

History

    On August 24, 2018, the FAA published a notice of proposed
rulemaking in the Federal Register (83 FR 42815) for Docket No. FAA-
2018-0671, to establish Class E airspace extending upward from 700 feet
above the surface at Sioux County Regional Airport, Maurice, IA.
Interested parties were invited to participate in this rulemaking
effort by submitting written

comments on the proposal to the FAA. No comments were received.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 6.5-mile radius of Sioux County Regional
Airport, Maurice, IA, to accommodate new standard instrument approach
procedures developed for the airport, for the safety and management of
instrument flight rules (IFR) operations.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

ACE IA E5 Maurice, IA [New]

Sioux County Regional Airport, IA
    (Lat. 42[deg]59'09'' N, long. 096[deg]09'41'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Sioux County Regional Airport.

    Issued in Fort Worth, Texas, on December 13, 2018.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-27562 Filed 12-20-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57226-57227]
[FR Doc No: 2021-22277]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93271; File No. SR-CboeEDGA-2021-021]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Adopt a Rule Regarding the Allowance of Off-Exchange Transactions by a
Member Acting as Agent Otherwise Than on EDGA in Accordance With Rule
19c-1 Under the Securities Exchange Act of 1934

October 7, 2021.
    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 September 29, 2021, Cboe EDGA Exchange, Inc. (the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') proposes to
adopt a rule regarding the allowance of off-exchange transactions by a
Member acting as agent otherwise than on EDGA in accordance with Rule
19c-1 under the Securities Exchange Act of 1934 (the ``Act'').\5\ The
text of the proposed rule change is provided in Exhibit 5.
---------------------------------------------------------------------------

    \5\ See 17 CFR 240.19c-1.
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt a rule regarding off-exchange
transactions by a Member acting as agent. Rule 19c-1 and Rule 19c-3
under the Act \6\ describe rule provisions that each national
securities exchange must include in its Rules regarding the ability of
members to engage in transactions off an exchange. While the Exchange
already incorporates the required provision in Rule 19c-3 under the Act
into Rule 13.6, and its stated policies and practices are consistent
with these provisions of the Act, the Exchange Rules do not currently
include the provisions in Rule 19c-1 under the Act. Therefore, the
proposed rule change adopts this provision in new Rule 13.6(a) \7\ in
accordance with Rule 19c-1 under the Act. Specifically, proposed Rule
13.6(a) (in accordance with Rule 19c-1 under the Act) provides that no
rule, stated policy, or practice of this Exchange shall prohibit or
condition, or be construed to prohibit or condition, or otherwise
limit, directly or indirectly, the ability of any Member acting as
agent to effect any transaction otherwise than on this Exchange with
another person (except when such Member also is acting as agent for
such other person in such transaction) in any equity security listed on
this Exchange or to which unlisted trading privileges on this Exchange
have been extended.
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    \6\ See 17 CFR 240.19c-1 and 240.19c-3.
    \7\ The proposed rule change also updates the provision in
current Rule 13.6 (which incorporate Rule 19c-3 under the Act) to be
Rule 13.6(b).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes proposed Rule 13.16(a) is
consistent with the Act, because it adopts an Exchange Rule
specifically required by Rule 19c-1 regarding off-exchange transactions
for members' agency transactions. The Exchange's current Rule 13.6 and
stated policies and procedures currently comply with provisions
governing off-exchange trading in Rule 19c-3 under the Act. The
proposed rule change is designed to prevent fraudulent and manipulative
practices, promote just and equitable principles of trade and remove
impediments to and perfect the mechanism of a free and open market and
a national market system as it will add transparency to the Exchange
Rules by making it explicit in its Rules the provisions of Rule 19c-1
under the Act, as is required by all national exchanges.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended as a competitive trading tool, rather it makes explicit
the provisions governing off-exchange trading by a Member acting as
agent in Rule 19c-1 of the Act within the Exchange Rules, which were

previously inadvertently excluded. The provisions regarding off-
exchange trading by a Member acting as agent apply equally to all
Members, and each national securities exchange is required to include
the provision of Rule 19c-1 under the Act in its rules.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder).\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay for this filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver will allow the Exchange to immediately update its
rules to reflect the requirements of Rule 19c-1 of the Act.\14\
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposed rule change as operative upon filing.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 17 CFR 240.19c-1.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2021-021 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-CboeEDGA-2021-021. 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-CboeEDGA-2021-021, and should be
submitted on or before November 4, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22277 Filed 10-13-21; 8:45 am]
BILLING CODE 8011-01-P