[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66714-66717]
[FR Doc No: 2014-26570]

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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:

Filings Instituting Proceedings

    Docket Numbers: PR15-4-000.
    Applicants: Columbia Gas of Maryland.
    Description: Tariff filing per 284.123/.224: Application for
Approval of Revised SOC to be effective 11/1/2014; TOFC: 1310.
    Filed Date: 10/29/14.
    Accession Number: 20141029-5149.
    Comments Due: 5 p.m. ET 11/19/14.

    Docket Numbers: RP15-81-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.204: Fuel Filing on 10-
30-14 to be effective 12/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5049.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-82-000.
    Applicants: ETC Tiger Pipeline, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Fuel Filing on 10-
30-14 to be effective 12/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5051.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-83-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) rate filing per 154.204: November 1-30 2014
Auction to be effective 11/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5052.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-84-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate
Service Agreement--Range Resources effective 11-01-2014 to be effective
11/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5063.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-85-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rates--
Cherokee AGL--Replacement Shippers--Nov 2014 to be effective 11/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5106.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-86-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: 2013-2014 Cashout Report of Midwestern Gas
Transmission Company.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5138.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-87-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.403(d)(2): FL&U
Effective December 1, 2014 to be effective 12/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5149.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-88-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) rate filing per 154.204: Northeast
Connector Initial Rate Filing to be effective 12/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5162.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-89-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: 2013-2014 Gas Sales and Purchases Report of Midwestern
Gas Transmission Company.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5166.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-90-000.
    Applicants: Carolina Gas Transmission Corporation.
    Description: Sec.  4(d) rate filing per 154.204: Filing to
Synchronize Prior Approved Tariff Filings to be effective 10/16/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5174.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-91-000.
    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Sec.  4(d) rate filing per 154.204: 10/30/14
Negotiated Rates--NJR Energy Services Company (RTS) 2890-14 to be
effective 11/1/2014.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5175.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-92-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) rate filing per 154.204: 2014 Miscellaneous
to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5000.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-93-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) rate filing per 154.601: Wisconsin Gas/
Nexen Agmts to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5010.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-94-000.
    Applicants: Viking Gas Transmission Company.
    Description: 2013-2014 Gas Sales and Purchases Report of Viking Gas
Transmission Company.
    Filed Date: 10/30/14.
    Accession Number: 20141030-5236.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-95-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) rate filing per 154.403: GSS LSS Tracker
Filing--10-31-14 to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5024.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-96-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmts (QEP 37657 to Trans LA 43283, 43284) to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5027.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-97-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (EOG 34687 to Trans LA 43322) to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5028.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-98-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmt (JW Operating 34690 to QWest 43324) to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5030.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-99-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmts (PH 41448, 41455 to Texla and Sequent, various) to be effective
11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5031.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-100-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Update to NC Agmts
(Clarksdale 20393 amendment;remove KU 31869) to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5032.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-101-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) rate filing per 154.312: Rate Case filed on
10-31-14 to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5034.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-102-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: ConEdison November
2014 Ramapo Releases to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5038.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-103-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Amendments to Neg
Rate Agmts (Re: Sch of Combo Facilities) to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5039.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-104-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) rate filing per 154.204: Chesapeake 11-01-
2014 Permanent Releases to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5043.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-105-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: KeySpan November
2014 Ramapo Releases to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5054.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-106-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) rate filing per 154.204: Neg Rate NC 2014-
10-29 Tenaska Marketing and Concord NCs to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5064.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-107-000
    Applicants: Southern LNG Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.204: SLNG Electric
Power Cost Adjustment--2014 to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5065.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-108-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Penalty Crediting
Mechanism Revisions to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5068.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-109-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Penalty Crediting
Mechanism Revisions to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5069.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-110-000
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: OTRA Tariff Update
to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5070.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-111-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Brooklyn Union
November 2014 Ramapo Releases to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5078.
    Comments Due: 5 p.m. ET 11/12/14.
    Docket Numbers: RP15-112-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: Sec.  4(d) rate filing per 154.403: OTRA--Winter 2014
to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5082.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-113-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Sec.  4(d) rate filing per 154.204: Barclays/DTE Neg
Rate Agmts to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5086.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-114-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) rate filing per 154.204: 10/31/14
Negotiated Rates--BP Energy Company (HUB) 1410-89 to be effective 11/1/
2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5087.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-115-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Cap Rel Neg Rate
Agmts (PH 41448, 41455 to Tenaska 43352, 43353) to be effective 11/1/
2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5090.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-116-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) rate filing per 154.204: 10/31/14
Negotiated Rates--Freepoint Commodities LLC (RTS) 7250-13 to be
effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5093.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-117-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) rate filing per 154.204: 10/31/14
Negotiated Rates--ConEdison Energy Inc. (HUB) 2275-89 to be effective
11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5096.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-118-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.403(d)(2): Fuel Tracker
to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5098.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-119-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate--
Tenaska Marketing Ventures to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5104.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-120-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate--
Occidential Energy to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5110.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-121-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.601: Non-Conforming
Transportation Service Agreements Update (MGS-CFE) to be effective 11/
1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5121.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-122-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) rate filing per 154.403(d)(2): ASA TETLP
Dec 2014 Filing to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5168.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-123-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.601: Non-Conforming
Agreements Filing (McLean, Denver City,Whiteface) to be effective 12/1/
2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5181.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-124-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) rate filing per 154.204: ConEdison November
2014 NJ-NY Releases to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5183.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-125-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) rate filing per 154.204: Releases to Twin
Eagle for 11-1-2014 to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5184.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-126-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) rate filing per 154.204: Nov 2014 Mosbacher
Release to Shell to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5188.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-127-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) rate filing per 154.204: FT-A Exhibit A to
be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5208.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-128-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: KeySpan November
2014 Ramapo Releases--filing 2 to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5219.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-129-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) rate filing per 154.204: 20141031
Negotiated Rate to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5223.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-130-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.204: Pro Forma--LMS-MA
and LMS-PA Cash Out Indices to be effective 12/31/9998.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5224.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-131-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Brooklyn Union
November 2014 Ramapo Releases--filing 2 to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5227.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-133-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.204: Non-Conforming
Agreement (Chesapeake) to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5265.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-134-000.
    Applicants: Cheyenne Plains Gas Pipeline Company, L.
    Description: Sec.  4(d) rate filing per 154.204: Interruptible
Parking and

Lending Service to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5275.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-135-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.204: Neg Rate 2014-10-
31 ConocoPhillips, Encana to be effective 11/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5280.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-136-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.403(d)(2): AGT FRQ 2014
Filing to be effective 12/1/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5281.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP15-137-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits Operational Zone
Boundary Modification and Waiver Request.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5346.
    Comments Due: 5 p.m. ET 11/12/14.
    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 Sec.  385.211 and Sec.  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.

Filings in Existing Proceedings

    Docket Numbers: RP14-1195-002.
    Applicants: Sierrita Gas Pipeline LLC.
    Description: Compliance filing per 154.203: Non-Conforming
Agreement Compliance to be effective 10/31/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5231.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-748-001.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Compliance filing per 154.203: RP14-748-000 Compliance
Filing to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5194.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-852-001.
    Applicants: ANR Storage Company.
    Description: Compliance filing per 154.203: Compliance to RP14-852-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5127.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-853-001.
    Applicants: Bison Pipeline LLC.
    Description: Compliance filing per 154.203: Compliance to RP14-853-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5138.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-854-001.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: Compliance filing per 154.203: Compliance to RP14-854-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5174.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-855-001.
    Applicants: Blue Lake Gas Storage Company.
    Description: Compliance filing per 154.203: Compliance to RP14-855-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5145.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-856-001.
    Applicants: Gas Transmission Northwest LLC.
    Description: Compliance filing per 154.203: Compliance to RP14-856-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5178.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-857-001.
    Applicants: North Baja Pipeline, LLC.
    Description: Compliance filing per 154.203: Compliance to RP14-857-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5186.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-858-001.
    Applicants: Northern Border Pipeline Company.
    Description: Compliance filing per 154.203: Compliance to RP14-858-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5187.
    Comments Due: 5 p.m. ET 11/12/14.

    Docket Numbers: RP14-861-001.
    Applicants: Tuscarora Gas Transmission Company.
    Description: Compliance filing per 154.203: Compliance to RP14-861-
000 to be effective 10/16/2014.
    Filed Date: 10/31/14.
    Accession Number: 20141031-5193.
    Comments Due: 5 p.m. ET 11/12/14.
    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR Sec.  385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: November 3, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-26570 Filed 11-7-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 9, 2010 (Volume 75, Number 110)]
[Notices]
[Page 32822]
[DOCID:fr09jn10-111]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 6a-3; SEC File No. 270-0015; OMB Control No. 3235-0021.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (``Act'') sets out a framework for the registration and
regulation of national securities exchanges. Under Rule 6a-3 (17 CFR
240.6a-3), one of the rules that implements Section 6, a national
securities exchange (or an exchange exempted from registration based on
limited trading volume) must provide certain supplemental information
to the Commission, including any material (including notices,
circulars, bulletins, lists, and periodicals) issued or made generally
available to members of, or participants or subscribers to, the
exchange. Rule 6a-3 also requires the exchanges to file monthly reports
that set forth the volume and aggregate dollar amount of securities
sold on the exchange each month. The information required to be filed
with the Commission pursuant to Rule 6a-3 is designed to enable the
Commission to carry out its statutorily mandated oversight functions
and to ensure that registered and exempt exchanges continue to be in
compliance with the Act.
    The Commission estimates that each respondent makes approximately
25 such filings on an annual basis at an average cost of approximately
$36 per response. Currently, 15 respondents (13 national securities
exchanges and two exempt exchanges) are subject to the collection of
information requirements of Rule 6a-3. The Commission estimates that
the total burden for all respondents is 187.5 hours (25 filings/
respondent per year x 0.5 hours/response x 15 respondents) and $13,500
($36/response x 25 responses/respondent per year x 15 respondents) per
year.
    Compliance with Rule 6a-3 is mandatory for registered and exempt
exchanges. Information received in response to Rule 6a-3 shall not be
kept confidential; the information collected is public information. As
set forth in Rule 17a-1 (17 CFR 240.17a-1) under the Act, a national
securities exchange is required to retain records of the collection of
information for at least five years.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    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 e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312 or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted within 30 days of this
notice.

    Dated: June 2, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-13830 Filed 6-8-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Notices]
[Page 7780]
[FR Doc No: 2020-02709]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2019-0019; OMB No. 1660-0100]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; General Admissions Applications (Long and
Short) and Stipend Forms

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before March 12, 2020.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address<EMAIL_ADDRESS>or
Smiley White, Supervisory Program Specialist, United States Fire
Administration,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This proposed information collection
previously published in the Federal Register on October 7, 2019 at 84
FR 53452 with a 60 day public comment period. No comments were
received. The purpose of this notice is to notify the public that FEMA
will submit the information collection abstracted below to the Office
of Management and Budget for review and clearance.

Collection of Information

    Title: General Admissions Applications (Long and Short) and Stipend
Forms.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0100.
    Form Titles and Numbers: FEMA Form 119-25-0-1, replaces 119-25-1,
General Admissions Application; FEMA Form 119-25-0-6, Training
Registration Form; FEMA Form 119-25-3, Student Stipend Agreement; FEMA
Form 119-25-4, Student Stipend Agreement (Amendment); and FEMA Form
119-25-5, National Fire Academy Executive Fire Officer Program
Application Admission.
    Abstract: FEMA provides training to advance the professional
development of personnel engaged in fire prevention and control and
emergency management activities through the Center for Domestic
Preparedness, Emergency Management Institute, National Fire Academy,
National Training and Education Division, National Domestic
Preparedness Consortium, and Rural Domestic Preparedness Consortium.
    Affected Public: Business or other for-profit, not-for-profit
institutions, Federal Government, and State, local or Tribal
Government.
    Estimated Number of Respondents: 214,300.
    Estimated Number of Responses: 214,300.
    Estimated Total Annual Burden Hours: 24,375.
    Estimated Total Annual Respondent Cost: $1,167,171.
    Estimated Respondents' Operation and Maintenance Costs: None.
    Estimated Respondents' Capital and Start-Up Costs: None.
    Estimated Total Annual Cost to the Federal Government: $274,368.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Maile Arthur,
Deputy Director, Information Management Divsion, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2020-02709 Filed 2-10-20; 8:45 am]
BILLING CODE 9111-72-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25954-25958]
[FR Doc No: 2017-11291]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8179; Directorate Identifier 2015-NM-201-AD;
Amendment 39-18913; AD 2017-11-14]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2011-26-03,
which applied to certain The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes. AD 2011-26-03 required installing
Teflon sleeving under the clamps of certain wire bundles routed along
the fuel tank boundary structure, and cap sealing certain penetrating
fasteners of the main and center fuel tanks. This AD requires certain
inspections for certain airplanes, corrective actions if necessary, and
installation of Teflon sleeves under certain wire bundle clamps. This
AD was prompted by a report indicating that additional airplanes are
affected by the identified unsafe condition. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective July 11, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 11,
2017.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of January
20, 2011 (75 FR 78588, December 16, 2010).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8179.

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-
8179; 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: Tak Kobayashi, Aerospace Engineer,
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office
(ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-
917-6499; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011-26-03, Amendment 39-16893 (76 FR 78138,
December 16, 2011) (``AD 2011-26-03''). AD 2011-26-03 applied to
certain The Boeing Company Model 777-200, -200LR, -300, and -300ER
series airplanes. The NPRM published in the Federal Register on July
20, 2016 (81 FR 47084). The NPRM was prompted by a report indicating
that additional airplanes are affected by the identified unsafe
condition. The NPRM proposed to continue to require installing Teflon
sleeving under the clamps of certain wire bundles routed along the fuel
tank boundary structure, and cap sealing certain penetrating fasteners
of the main and center fuel tanks. The NPRM also proposed to revise the
applicability by adding The Boeing Company Model 777F series airplanes.
The NPRM also proposed to add, for certain airplanes, detailed
inspections of certain wire bundle clamps, certain Teflon sleeves, and
certain fasteners; corrective actions if necessary; and installation of
Teflon sleeves under certain wire bundle clamps. We are issuing this AD
to prevent arcing inside the main and center fuel tanks in the event of
a fault current or lightning strike, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Withdraw the NPRM

    Boeing requested that we withdraw the NPRM. The commenter stated
that the actions proposed by the NPRM are no longer necessary, since
the unsafe condition is adequately addressed by repetitive inspections
required by the electrical wiring interconnection system (EWIS)
enhanced zonal analysis procedure (EZAP) inspection program required by
14 CFR part 26. The commenter pointed out that, since the time this
issue was determined to be a safety issue, the exposure assumed under
the safety assessment has changed due to the inspection program. The
commenter stated that the safety concern was that the failure of
multiple protective design features for wiring installations could be a
single cascading failure since the exposure was the life of the
airplane. The commenter stated that since the implementation of the
EWIS EZAP inspections, where the interval is now 6 years, this is no
longer considered to be a single failure as the exposure has been
reduced to where the wiring and installation is not expected to fail in
this inspection interval and any potential wear would be detected and
would be repaired or removed and replaced in accordance with
maintenance activities.
    We disagree to withdraw the NPRM. The EWIS EZAP repetitive
inspection program is implemented by FAA operating rules (14 CFR
121.1111 or 14 CFR 129.111), which are applicable only to operators
that are required to comply with those operating rules. The FAA is
obligated to advise foreign airworthiness authorities of unsafe
conditions identified in products manufactured in the United States,
including Boeing airplanes, in accordance with bilateral airworthiness
agreements with countries around the world. The issuance of ADs is the
means by which the FAA satisfies this obligation. Even if the FAA
agreed that the actions required by 14 CFR 121.1111 and 14 CFR 129.111
adequately addressed the unsafe condition, the FAA would still issue
this AD to address airplanes that may

not be operated in accordance with those requirements. Additionally,
the FAA does not agree that the EWIS EZAP repetitive inspection program
has been demonstrated as sufficient to allow a determination that
chafing through the wire insulation of the unmodified (pre-AD)
configuration is not a foreseeable single failure. The FAA understands
that the EWIS EZAP repetitive inspection program interval for this area
was determined based on a later modified design, and that design has
additional Teflon sleeving. For these reasons, we have made no change
to this final rule in this regard.

Request for Clarification of Safety Evaluation Criteria

    Boeing requested that we clarify the use of ``unacceptable
(failure) experience'' in the Discussion section of the NPRM and that
was used as a safety evaluation criterion under Special Federal
Aviation Regulation No. 88 (SFAR 88). The commenter requested better
definition of ``unacceptable (failure) experience'' or the addition of
detailed guidance that defines how to identify an ``unacceptable
(failure) experience.'' The commenter also indicated that Boeing
airplanes at the time of design approval are intended to meet all
applicable regulations including 14 CFR 25.601, which specifically
prohibits hazardous or unreliable features.
    We agree that clarification is necessary. To provide standardized
policy for determining the need for mandatory action relative to the
finding from the fuel system safety review required by SFAR 88, the FAA
issued Memorandum 2003-112-15, SFAR 88--Mandatory Action Decision
Criteria, dated February 25, 2003. One of the criteria provided in the
policy memo is that, for any tank (either high or low flammability
exposure time), all failures identified in service, that result in
thermal or electrical energy dissipation into the fuel tank system,
which could create an ignition hazard, or that make fuel tank safety
protection devices inoperative (e.g., fuel pump canister, wire
sleeving, bonding lead), are considered unsafe conditions and must be
addressed by corrective action (i.e., AD). This criterion is
independent of any compliance showing or finding previously made as
part of a type certification program. The policy memo criteria are
mentioned in the Discussion section of each NPRM that resulted from an
SFAR 88 unsafe condition determination. Additionally, the NPRM
Discussion is not repeated in the final rule, so no change to this
final rule is necessary in this regard.

Request for Clarification of Credit for Actions Accomplished Previously

    Boeing requested that we revise paragraph (l) of the proposed AD so
that it is clear that credit will be given for past work that has
already been accomplished on other Boeing Model 777 airplanes. No
justification was provided, however, the commenter stated that the NPRM
is adding the missing airplanes and it uses the latest service
information to reset the method of compliance.
    We infer that the commenter is requesting clarification for taking
credit for actions required by paragraph (g)(l) of this AD using
earlier revisions of the service information. Paragraph (l)(1) of this
AD provides credit for actions accomplished before January 20, 2011
(the effective date of AD 2010-24-12, Amendment 39-16531 (75 FR 78588,
December 16, 2010) (``AD 2010-24-12'')), using service information
revisions earlier than Boeing Service Bulletin 777-57A0050, Revision 2,
dated May 14, 2009, required by paragraph (g)(1) of AD 2010-24-12.
Accomplishing the actions using Boeing Service Bulletin 777-57A0050,
Revision 3, dated February 18, 2014, has been approved as an
alternative method of compliance (AMOC) for paragraph (g)(l) of AD
2011-26-03, and AMOCs approved previously for AD 2011-26-03 are
approved as AMOCs for the corresponding provisions of this AD as
specified in paragraph (m)(4) of this AD. After the effective date of
this AD, only Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015 is allowed for compliance with paragraph (g)(l) of
this AD. Paragraphs (i) and (j) of this AD require actions for
airplanes not covered in paragraph (g)(l) of this AD and also require
additional actions for those airplanes that accomplished the actions
required by paragraph (g)(l) of this AD using service bulletin
revisions earlier than Boeing Service Bulletin 777-57A0050, Revision 4,
dated September 28, 2015. Therefore, no credit is provided for actions
required by paragraphs (i) and (j) of this AD using service bulletin
revisions earlier than Boeing Service Bulletin 777-57A0050, Revision 4,
dated September 28, 2015. We have not changed this AD in this regard.

Request To Simplify Compliance Implementation Time Frame

    Boeing requested that we revise paragraphs (i), (j), and (k) of the
proposed AD to simplify the AD compliance implementation time frame.
The commenter stated that the NPRM sets the requirements to be
completed within 60 months of different revisions of different
documents with an exception specified in paragraph (k) of the proposed
AD, and that the proposed requirements were cumbersome and unclear. The
commenter did not provide any explanation of how the paragraphs should
be revised.
    We agree that clarification is necessary. The NPRM proposed to
supersede AD 2011-26-03 and added new requirements in paragraphs (i)
and (j) of this AD. Paragraph (k) of this AD provides exceptions to the
service information. For the new requirements in this AD, the FAA has
determined that the compliance times are reasonable based on
consideration of the risk level associated with the unsafe condition
and the time necessary to perform the work. In addition, the compliance
times in paragraphs (i) and (j) of this AD do not refer to any service
documents (both paragraphs refer to Boeing Service Bulletin 777-
57A0050, Revision 4, dated September 28, 2015, as the appropriate
source of service information for accomplishing the actions in those
paragraphs). Therefore, we have determined that the requirements of
this AD are adequate and clear. We have not changed this AD in this
regard.

Clarification of Service Information Requirement

    Under the ``Differences Between This Proposed AD and the Service
Information'' section of the NPRM, we noted that the corrections to
group applicability for ``WORK PACKAGE 21: More Work: Rear Spar Wire
Bundle Teflon Sleeve Installation,'' Figure 3, and Figure 100 of Boeing
Service Bulletin 777-57A0050, Revision 4, dated September 28, 2015,
were included in paragraphs (k)(1), (k)(2), and (k)(3) of the proposed
AD. Paragraph (k)(1) of this AD specifies that WORK PACKAGE 21 applies
to Groups 5 through 43 (including Configurations 1 and 2) to correct
the error in Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015, which only identifies Configuration 2 of Groups 5
through 43 as applicable. Paragraph (k)(1) of this AD, which is
referenced by paragraph (j) of this AD, is intended to clarify the
airplanes affected by the requirements specified in paragraph (j) of
this AD. To further clarify this aspect, we have revised paragraph (j)
of this AD to specifically reference Groups 5 through 43,
Configurations 1 and 2 airplanes.
    We have also revised paragraph (m)(4) of this AD to accept AMOCs
approved previously for AD 2010-24-12 as

AMOCs for the corresponding provisions of this AD.

Clarification of Unsafe Condition

    We have revised the Discussion section of this final rule and
paragraph (e) of this AD to clarify that we are issuing this AD to
address arcing inside the main and center fuel tanks in the event of a
fault current or lightning strike, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent loss
of the airplane.

Conclusion

    We reviewed the relevant data, considered the comments 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.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015. The service information describes procedures for
installing Teflon sleeving under the clamps of certain wire bundles
routed along the fuel tank boundary structure, and cap sealing certain
penetrating fasteners of the main and center fuel tanks. The service
information also describes detailed inspections of certain wire bundle
clamps, certain Teflon sleeves, and certain fasteners; corrective
actions if necessary; and installation of Teflon sleeves under certain
wire bundle clamps. 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 182 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
----------------------------------------------------------------------------------------------------------------
Install Teflon sleeving and cap  Up to 358 work-            $2,241  Up to $32,671......  Up to $5,946,122.
 sealing (retained actions from   hours x $85 per
 AD 2011-26-03).                  hour = $30,430.
Detailed inspections and         Up to 53 work-              (\1\)  Up to $4,505.......  Up to $819,910.
 installation of Teflon sleeves   hours x $85 per
 (new actions).                   hour = $4,505.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide parts cost estimates for the
  installation of Teflon sleeves (new action) specified in this AD.

    We have received no definitive data that would enable us to provide
cost estimates 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

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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

0
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 removing Airworthiness Directive (AD)
2011-26-03, Amendment 39-16893 (76 FR 78138, December 16, 2011), and
adding the following new AD:

2017-11-14 The Boeing Company: Amendment 39-18913; Docket No. FAA-
2016-8179; Directorate Identifier 2015-NM-201-AD.

(a) Effective Date

    This AD is effective July 11, 2017.

(b) Affected ADs

    This AD replaces AD 2011-26-03, Amendment 39-16893 (76 FR 78138,
December 16, 2011) (``AD 2011-26-03'').

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in the applicable service information
specified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this
AD.
    (1) For The Boeing Company Model 777-200, -200LR, -300, -300ER,
and 777F airplanes: Boeing Service Bulletin 777-57A0050, Revision 4,
dated September 28, 2015.
    (2) For The Boeing Company Model 777-200 and -300 airplanes:
Boeing Alert Service Bulletin 777-57A0051, dated May 15, 2006.
    (3) For The Boeing Company Model 777-200, -300, and -300ER
airplanes: Boeing Alert Service Bulletin 777-57A0057, Revision 1,
dated August 2, 2007.
    (4) For The Boeing Company Model 777-200, -200LR, -300, and -
300ER airplanes:

Boeing Alert Service Bulletin 777-57A0059, dated October 30, 2008.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent arcing inside the
main and center fuel tanks in the event of a fault current or
lightning strike, which, in combination with flammable fuel vapors,
could result in a fuel tank explosion and consequent loss of the
airplane.

(f) Compliance

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

(g) Retained Corrective Actions (Installing Teflon Sleeving, Cap
Sealing, One-Time Inspection), With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2011-26-03, with revised service information. Within 60 months after
January 20, 2011 (the effective date of AD 2010-24-12, Amendment 39-
16531 (75 FR 78588, December 16, 2010) (``AD 2010-24-12'')), do the
applicable actions specified in paragraph (g)(1), (g)(2), (g)(3), or
(g)(4) of this AD, except as required by paragraph (k)(2) of this
AD.
    (1) For airplanes identified in Boeing Service Bulletin 777-
57A0050, Revision 2, dated May 14, 2009: Install Teflon sleeving
under the clamps of certain wire bundles routed along the fuel tank
boundary structure, and cap seal certain penetrating fasteners of
the fuel tanks, in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 777-57A0050, Revision 2, dated May 14,
2009; or Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015. As of the effective date of this AD, only Boeing
Service Bulletin 777-57A0050, Revision 4, dated September 28, 2015,
may be used to accomplish the actions required by this paragraph.
    (2) For airplanes identified in Boeing Alert Service Bulletin
777-57A0051, dated May 15, 2006: Cap seal certain penetrating
fasteners of the fuel tanks, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-57A0051, dated May
15, 2006.
    (3) For airplanes identified in Boeing Alert Service Bulletin
777-57A0057, Revision 1, dated August 2, 2007: Do a general visual
inspection to determine if certain fasteners are cap sealed, and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
57A0057, Revision 1, dated August 2, 2007. Do all applicable
corrective actions before further flight.
    (4) For Model 777-200, -300, and -300ER airplanes identified in
Boeing Alert Service Bulletin 777-57A0059, dated October 30, 2008:
Cap seal the fasteners in the center fuel tanks that were not sealed
during production, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-57A0059, dated
October 30, 2008.

(h) Retained Cap Sealing the Fasteners, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2011-26-03, with no changes. For Model 777-200LR airplanes
identified in Boeing Alert Service Bulletin 777-57A0059, dated
October 30, 2008: Within 60 months after January 3, 2012 (the
effective date of AD 2011-26-03), cap seal the fasteners in the
center fuel tanks that were not sealed during production, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 777-57A0059, dated October 30, 2008.

(i) New Detailed Inspection and Corrective Actions

    For Group 1, Configurations 2 through 4 airplanes; Groups 2
through 4, Configurations 3 through 5 airplanes; Groups 5 through
43, Configuration 1 airplanes; and Groups 44 and 45 airplanes; as
identified in Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015: Within 60 months after the effective date of
this AD, do the applicable actions specified in paragraphs (i)(1),
(i)(2), and (i)(3) of this AD, except as required by paragraph
(k)(2) of this AD.
    (1) For Group 1, Configurations 2 through 4 airplanes; Groups 2
through 4, Configurations 3 through 5 airplanes; Groups 5 through
43, Configuration 1 airplanes; and Groups 44 and 45 airplanes; as
identified in Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015: Do a detailed inspection for installation of
Teflon sleeves under certain wire bundle clamps, as applicable; a
detailed inspection to determine the type of wire bundle clamp; and
all applicable corrective actions; in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 777-57A0050,
Revision 4, dated September 28, 2015. Do all applicable corrective
actions before further flight.
    (2) For Group 1, Configurations 2 through 4 airplanes; and
Groups 2 through 4, Configurations 3 through 5 airplanes; as
identified in Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015: Do a detailed inspection for correct
installation of certain Teflon sleeves, as applicable; and do all
applicable corrective actions; in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-57A0050, Revision 4,
dated September 28, 2015. Do all applicable corrective actions
before further flight.
    (3) For Group 1, Configurations 2 through 4 airplanes; and
Groups 2 through 4, Configurations 3 through 5 airplanes; as
identified in Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015: Do a detailed inspection for cap sealing of
certain fasteners, as applicable; and do all applicable corrective
actions; in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 777-57A0050, Revision 4, dated September 28,
2015. Do all applicable corrective actions before further flight.

(j) New Installation of Teflon Sleeves

    For Group 1, Configurations 2 through 5 airplanes; Groups 2
through 4, Configurations 3 through 6 airplanes; and Groups 5
through 43, Configurations 1 and 2 airplanes; as identified in
Boeing Service Bulletin 777-57A0050, Revision 4, dated September 28,
2015: Within 60 months after the effective date of this AD, install
Teflon sleeves under certain wire bundle clamps, as applicable, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-57A0050, Revision 4, dated September 28, 2015, except
as required by paragraphs (k)(1), (k)(2), and (k)(3) of this AD.

(k) Exceptions to the Service Information

    (1) Where ``WORK PACKAGE 21: More Work: Rear Spar Wire Bundle
Teflon sleeve Installation'' of Boeing Service Bulletin 777-57A0050,
Revision 4, dated September 28, 2015, specifies ``Groups 5 through
43, Configuration 2,'' for this AD, ``WORK PACKAGE 21: More Work:
Rear Spar Wire Bundle Teflon sleeve Installation'' of Boeing Service
Bulletin 777-57A0050, Revision 4, dated September 28, 2015, applies
to all configurations of Groups 5 through 43 airplanes.
    (2) Where Figure 3 of Boeing Service Bulletin 777-57A0050,
Revision 4, dated September 28, 2015, specifies ``Groups 1 through
7, and 9 through 43,'' for this AD, Figure 3 of Boeing Service
Bulletin 777-57A0050, Revision 4, dated September 28, 2015, applies
to Groups 1 through 43 airplanes.
    (3) Where Figure 100 of Boeing Service Bulletin 777-57A0050,
Revision 4, dated September 28, 2015, specifies ``Groups 5 through
43, Configuration 2,'' for this AD, Figure 100 of Boeing Service
Bulletin 777-57A0050, Revision 4, dated September 28, 2015, applies
to all configurations of Groups 5 through 43 airplanes.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraph (g)(1) of this AD, if those actions were performed before
January 20, 2011 (the effective date of AD 2010-24-12), using Boeing
Alert Service Bulletin 777-57A0050, dated January 26, 2006; or
Boeing Alert Service Bulletin 777-57A0050, Revision 1, dated August
2, 2007; provided that the applicable additional work specified in
Boeing Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009,
is done within the compliance time specified in paragraph (g) of
this AD. The additional work must be done in accordance with Boeing
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
    (2) This paragraph provides credit for the actions specified in
paragraph (g)(3) of this AD, if those actions were performed before
January 20, 2011 (the effective date of AD 2010-24-12), using Boeing
Alert Service Bulletin 777-57A0057, dated August 7, 2006.

(m) Alternative Methods of Compliance (AMOCs)

    (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 paragraph (n)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration 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. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2011-26-03 and AD 2010-24-
12 are approved as AMOCs for the corresponding provisions of this
AD.

(n) Related Information

    (1) For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
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)(5) and (o)(6) 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.
    (3) The following service information was approved for IBR on
July 11, 2017.
    (i) Boeing Service Bulletin 777-57A0050, Revision 4, dated
September 28, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
January 20, 2011 (75 FR 78588, December 16, 2010).
    (i) Boeing Alert Service Bulletin 777-57A0051, dated May 15,
2006.
    (ii) Boeing Alert Service Bulletin 777-57A0057, Revision 1,
dated August 2, 2007.
    (iii) Boeing Alert Service Bulletin 777-57A0059, dated October
30, 2008.
    (iv) Boeing Service Bulletin 777-57A0050, Revision 2, dated May
14, 2009.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (6) 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.
    (7) 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 May 23, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11291 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68798-68800]
[FR Doc No: 2023-22010]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98647; File No. SR-CboeBYX-2023-013]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.;
Suspension of and Order Instituting Proceedings To Determine Whether To
Approve or Disapprove Proposed Rule Change To Amend Its Fee Schedule
Related to Physical Port Fees

September 29, 2023.

I. Introduction

    On September 1, 2023, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change (File Number SR-CboeBYX-2023-013) to amend its fee
schedule to increase the monthly fee for 10 gigabit (``Gb'') physical
ports. The proposed rule change was immediately effective upon filing
with the Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The
proposed rule change was published for comment in the Federal Register
on September 20, 2023.\4\ Pursuant to Section 19(b)(3)(C) of the
Act,\5\ the Commission is hereby: (1) temporarily suspending the
proposed rule change; and (2) instituting proceedings to determine
whether to approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release No. 98393 (September 14,
2023), 88 FR 64933 (``Notice'').
    \5\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

II. Background and Description of the Proposed Rule Change

    The Exchange proposes to amend its fee schedule. The Exchange
proposes to increase the monthly fee for 10 Gb physical ports from
$7,500 to $8,500 per port. The Exchange currently assesses the
following physical connectivity fees for Members \6\ and non-Members on
a monthly basis: $2,500 per physical port for a 1 Gb circuit and $7,500
per physical port for a 10 Gb circuit.\7\ According to the Exchange,
the physical ports may also be used to access the systems for the
following affiliate exchanges and only one monthly fee currently (and
will continue) to apply per port: Cboe BZX Exchange, Inc. (options and
equities platforms), Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc.
(options and equities platforms), and Cboe C2 Exchange, Inc.
---------------------------------------------------------------------------

    \6\ The term ``Member'' means any registered broker or dealer
that has been admitted to membership in the Exchange. See Exchange
Rule 1.5(n).
    \7\ A physical port is utilized by a Member or non-Member to
connect to the Exchange at the data centers where the Exchange's
servers are located.
---------------------------------------------------------------------------

III. Suspension of the Proposed Rule Change

    Pursuant to Section 19(b)(3)(C) of the Act,\8\ at any time within
60 days of the date of filing of an immediately effective proposed rule
change pursuant to Section 19(b)(1) of the Act,\9\ the Commission
summarily may temporarily suspend the change in the rules of a self-
regulatory organization (``SRO'') 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. The Commission believes a temporary suspension of the proposed
rule change is necessary and appropriate to allow for additional
analysis of the proposed rule change's consistency with the Act and the
rules thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(C).
    \9\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

    In support of the proposal, the Exchange states its belief that the
proposed fee change is reasonable as it reflects a moderate increase in
physical connectivity fees for 10 Gb physical ports.\10\ The Exchange
states that the current 10 Gb physical port fee has remained unchanged
since June 2018.\11\ The Exchange states that during this 5-year span
there has been an average inflation rate of 3.9%, producing a
cumulative price increase of approximately 21.1% inflation since the
fee for the 10 Gb physical port was last modified.\12\ In support of
its claim of reasonableness, the Exchange compares its proposed rate
increase from the rates adopted five years ago of approximately 13% to
the cumulative inflation rate of 21.1%.\13\
---------------------------------------------------------------------------

    \10\ See Notice, supra note 4, at 64934.
    \11\ See id.
    \12\ See id.
    \13\ See id.
---------------------------------------------------------------------------

    In further support of the proposal, the Exchange states that the
proposed fee is reasonable, fair, and equitable, and not unfairly
discriminatory.\14\ The Exchange believes that the proposed fee is
reasonable as it is still in line with, or even lower than, amounts
assessed by other exchanges for similar connections.\15\ The Exchange
also states its belief that the fee is not unfairly discriminatory,
because the fee would be assessed uniformly across all market
participants that purchase the physical ports.\16\ The Exchange states
that the fee is equitable because increasing the fee for 10 Gb physical
ports and charging a higher fee as compared to the 1 Gb physical port
as the 1 Gb physical port is 1/10 the size of the 10 Gb physical port
and does not offer access to many of the products and services offered
by the Exchange.\17\ The Exchange also states its belief the proposed
fee is reasonably and appropriately allocated because, the Exchange
states, market participants that purchase 10 Gb physical ports use the
most bandwidth and therefore consume the most resources from the
network.\18\
---------------------------------------------------------------------------

    \14\ See id.
    \15\ See id.
    \16\ See id.
    \17\ See id.
    \18\ See id.
---------------------------------------------------------------------------

    In further support of its proposed fee, the Exchange states that
Members and non-Members will continue to choose the method of
connectivity based on their specific needs and no broker-dealer is
required to become a Member of, or connect directly to, the
Exchange.\19\ The Exchange also states its belief that substitutable
products and services are available to market participants, including,
among other things, other equities exchanges that a market participant
may connect to in lieu of the Exchange, indirect connectivity to the
Exchange via a third-party reseller of connectivity, and/or trading of
any equities product, such as within the Over-the-Counter markets.\20\
Additionally, the Exchange believes that low barriers to entry mean
that new exchanges may rapidly enter the market and offer additional
substitute platforms to further compete with the Exchange

and the products it offers.\21\ According to the Exchange, three new
equities exchanges entered the market in 2020 (i.e., Long Term Stock
Exchange (LTSE), Members Exchange (MEMX), and MIAX Pearl).\22\
---------------------------------------------------------------------------

    \19\ See id.
    \20\ See id. The Exchange states there are currently 16
registered equities exchanges that trade equities (12 of which are
not affiliated with Cboe), some of which have similar or lower
connectivity fees; and based on publicly available information, no
single equities exchange has more than approximately 16% of the
market share.
    \21\ See id.
    \22\ See id.
---------------------------------------------------------------------------

    The Exchange states its belief that participation on the Exchange
remains affordable (notwithstanding the proposed fee change) for all
market participants, including smaller trading firms that may be able
to take advantage of lower costs that result from mutualized
connectivity.\23\ The Exchange states that a market participant may
submit orders to the Exchange via a Member broker or a third-party
reseller of connectivity.\24\ The Exchange notes that third-party non-
Members also resell exchange connectivity, which the Exchange states is
another viable alternative for market participants to trade on the
Exchange without connecting directly to the Exchange (and thus not pay
the Exchange's connectivity fees).\25\ The Exchange states it does not
preclude market participants from reselling its connectivity and has
not adopted fees that would be assessed to third-party resellers on a
per customer basis (i.e., fee based on number of Members that connect
to the Exchange indirectly via the third-party).\26\ The Exchange notes
that multiple Members are able to share a single physical port (and
corresponding bandwidth) with other non-affiliated Members if purchased
through a third-party reseller.\27\ The Exchange states its belief that
this allows resellers to mutualize the costs of the ports for market
participants and provide such ports at a price that may be lower than
the Exchange charges due to this mutualized connectivity.\28\
---------------------------------------------------------------------------

    \23\ See id.
    \24\ See id.
    \25\ See id. at 64934-64935. The Exchange states this
alternative is already being used by non-Members and further
constrains the price that the Exchange is able to charge for
connectivity to its Exchange.
    \26\ See id. at 64935. The Exchange states its belief these
third-party resellers may purchase the Exchange's physical ports and
resell access to such ports either alone or as part of a package of
services.
    \27\ See id.
    \28\ See id.
---------------------------------------------------------------------------

    Finally, the Exchange states that the proposed fees would not cause
any unnecessary or inappropriate burden on intermarket competition
because proposed fee is lower than some fees for similar connectivity
on other exchanges and therefore may stimulate intermarket competition
by attracting additional firms to connect to the Exchange or at least
should not deter interested participants from connecting directly to
the Exchange.\29\ The Exchange also states that if the changes proposed
herein are unattractive to market participants, the Exchange can, and
likely will, see a decline in connectivity via 10 Gb physical ports as
a result.\30\ Furthermore, the Exchange states that it operates in a
highly competitive market in which market participants can determine
whether or not to connect directly to the Exchange based on the value
received compared to the cost of doing so.\31\ The Exchange also states
that the proposed rule change would not cause any unnecessary or
inappropriate burden on intramarket competition because it will apply
to all similarly situated Members equally (i.e., all market
participants that choose to purchase the 10 Gb physical port).\32\
Additionally, the Exchange stated that it does not believe its proposed
pricing will impose a barrier to entry to smaller participants and
notes that its proposed connectivity pricing is associated with
relative usage of the various market participants.\33\
---------------------------------------------------------------------------

    \29\ See id.
    \30\ See id.
    \31\ See id.
    \32\ See id.
    \33\ See id.
---------------------------------------------------------------------------

    To date, the Commission has not received any comment letters on the
proposed rule change.
    When exchanges file their proposed rule changes with the
Commission, including fee filings like the Exchange's present proposal,
they are required to provide a statement supporting the proposal's
basis under the Act and the rules and regulations thereunder applicable
to the exchange.\34\ The instructions to Form 19b-4, on which exchanges
file their proposed rule changes, specify that such statement ``should
be sufficiently detailed and specific to support a finding that the
proposed rule change is consistent with [those] requirements.'' \35\
---------------------------------------------------------------------------

    \34\ See 17 CFR 240.19b-4 (Item 3 entitled ``Self-Regulatory
Organization's Statement of the Purpose of, and Statutory Basis for,
the Proposed Rule Change'').
    \35\ See id.
---------------------------------------------------------------------------

    Section 6 of the Act, including Sections 6(b)(4), (5), and (8),
require the rules of an exchange to: (1) provide for the equitable
allocation of reasonable fees among members, issuers, and other persons
using the exchange's facilities; \36\ (2) perfect the mechanism of a
free and open market and a national market system, protect investors
and the public interest, and not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers; \37\
and (3) not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\38\
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b)(4).
    \37\ 15 U.S.C. 78f(b)(5).
    \38\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    In temporarily suspending the Exchange's proposed rule change, the
Commission intends to further consider whether the proposal to increase
the monthly fee for 10 Gb physical ports from $7,500 to $8,500 per port
for the Exchange is consistent with the statutory requirements
applicable to a national securities exchange under the Act. In
particular, the Commission will consider whether the proposed rule
change satisfies the standards under the Act and the rules thereunder
requiring, among other things, that an exchange's rules provide for the
equitable allocation of reasonable fees among members, issuers, and
other persons using its facilities; not permit unfair discrimination
between customers, issuers, brokers or dealers; and do not impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.\39\
---------------------------------------------------------------------------

    \39\ See 15 U.S.C. 78f(b)(4), (5), and (8), respectively.
---------------------------------------------------------------------------

    Therefore, the Commission finds that it is appropriate in the
public interest, for the protection of investors, and otherwise in
furtherance of the purposes of the Act, to temporarily suspend the
proposed rule change.\40\
---------------------------------------------------------------------------

    \40\ For purposes of temporarily suspending the proposed rule
change, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

IV. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change

    In addition to temporarily suspending the proposal, the Commission
also hereby institutes proceedings pursuant to Sections 19(b)(3)(C)
\41\ and 19(b)(2)(B) of the Act \42\ to determine whether the
Exchange's proposed rule change should be approved or disapproved.
Institution of proceedings does not indicate that the Commission has
reached any conclusions with respect to any of the issues involved.
Rather, the Commission seeks and encourages interested persons to
provide additional comment on the proposed rule change to inform the
Commission's analysis of

whether to approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78s(b)(3)(C). Once the Commission temporarily
suspends a proposed rule change, Section 19(b)(3)(C) of the Act
requires that the Commission institute proceedings under Section
19(b)(2)(B) to determine whether a proposed rule change should be
approved or disapproved.
    \42\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\43\ the Commission is
providing notice of the grounds for possible disapproval under
consideration:
---------------------------------------------------------------------------

    \43\ Id. Section 19(b)(2)(B) of the Act also provides that
proceedings to determine whether to disapprove a proposed rule
change must be concluded within 180 days of the date of publication
of notice of the filing of the proposed rule change. See id. The
time for conclusion of the proceedings may be extended for up to 60
days if the Commission finds good cause for such extension and
publishes its reasons for so finding, or if the exchange consents to
the longer period. See id.
---------------------------------------------------------------------------

     Whether the Exchange has demonstrated how the proposed
fees are consistent with Section 6(b)(4) of the Act, which requires
that the rules of a national securities exchange ``provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities''; \44\
---------------------------------------------------------------------------

    \44\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

     Whether the Exchange has demonstrated how the proposed
fees are consistent with Section 6(b)(5) of the Act, which requires,
among other things, that the rules of a national securities exchange
not be ``designed to permit unfair discrimination between customers,
issuers, brokers, or dealers''; \45\ and
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

     Whether the Exchange has demonstrated how the proposed
fees are consistent with Section 6(b)(8) of the Act, which requires
that the rules of a national securities exchange ``not impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of [the Act].'' \46\
---------------------------------------------------------------------------

    \46\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    As discussed in Section III above, the Exchange made various
arguments in support of their proposal. The Commission believes that
there are questions as to whether the Exchange has provided sufficient
information to demonstrate that the proposed fees are consistent with
the Act and the rules thereunder.
    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the [Act]
and the rules and regulations issued thereunder . . . is on the [SRO]
that proposed the rule change.'' \47\ The description of a proposed
rule change, its purpose and operation, its effect, and a legal
analysis of its consistency with applicable requirements must all be
sufficiently detailed and specific to support an affirmative Commission
finding,\48\ and any failure of an SRO to provide this information may
result in the Commission not having a sufficient basis to make an
affirmative finding that a proposed rule change is consistent with the
Act and the applicable rules and regulations.\49\
---------------------------------------------------------------------------

    \47\ 17 CFR 201.700(b)(3).
    \48\ See id.
    \49\ See id.
---------------------------------------------------------------------------

    The Commission is instituting proceedings to allow for additional
consideration and comment on the issues raised herein, including as to
whether the proposed fees are consistent with the Act, and
specifically, with its requirements that exchange fees be reasonable
and equitably allocated, not be unfairly discriminatory, and not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.\50\
---------------------------------------------------------------------------

    \50\ See 15 U.S.C. 78f(b)(4), (5), and (8).
---------------------------------------------------------------------------

V. Commission's Solicitation of Comments

    The Commission requests written views, data, and arguments with
respect to the concerns identified above as well as any other relevant
concerns. Such comments should be submitted by October 25, 2023.
Rebuttal comments should be submitted by November 8, 2023. Although
there do not appear to be any issues relevant to approval or
disapproval that would be facilitated by an oral presentation of views,
data, and arguments, the Commission will consider, pursuant to Rule
19b-4, any request for an opportunity to make an oral presentation.\51\
---------------------------------------------------------------------------

    \51\ 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by an SRO. See Securities
Acts Amendments of 1975, Report of the Senate Committee on Banking,
Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th
Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    The Commission asks that commenters address the sufficiency and
merit of the Exchange's statements in support of the proposal, in
addition to any other comments they may wish to submit about the
proposed rule change.
    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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeBYX-2023-013 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-CboeBYX-2023-013. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeBYX-2023-013 and should
be submitted on or before October 25, 2023. Rebuttal comments should be
submitted by November 8, 2023.

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(3)(C) of the
Act,\52\ that File No. SR-CboeBYX-2023-013, be and hereby is,
temporarily suspended. In addition, the Commission is instituting
proceedings to determine whether the proposed rule change should be
approved or disapproved.
---------------------------------------------------------------------------

    \52\ 15 U.S.C. 78s(b)(3)(C).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\53\
---------------------------------------------------------------------------

    \53\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22010 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18551-18552]
[FR Doc No: 2023-06524]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-1959]

Joint Meeting of the Nonprescription Drugs Advisory Committee and
the Obstetrics, Reproductive and Urologic Drugs Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Nonprescription Drugs Advisory
Committee and the Obstetrics, Reproductive and Urologic Drugs Advisory
Committee. The general function of the committees is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held virtually on May 9, 2023, from 9:30
a.m. to 5:30 p.m. Eastern Time and May 10, 2023, from 9:30 a.m. to 1:30
p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings, including
information regarding special accommodations due to a disability, may
be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-1959. Please note that late, untimely
filed comments will not be considered. The docket will close on May 8,
2023. The https://www.regulations.gov electronic filing system will
accept comments until 11:59 p.m. Eastern Time at the end of May 8,
2023. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are received on or
before that date.
    Comments received on or before April 25, 2023, will be provided to
the committees. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is canceled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-1959 for ``Joint Meeting of the Nonprescription Drugs
Advisory Committee and the Obstetrics, Reproductive and Urologic Drugs
Advisory Committee; Notice of Meeting; Establishment of a Public
Docket; Request for Comments.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Moon Choi, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, email:
[email protected], or FDA Advisory Committee Information Line, 1-800-
741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in the
Federal Register about last-minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check FDA's website at https://www.fda.gov/

AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The
committees will discuss supplemental new drug application (sNDA)
017031/S-041, for OPILL (norgestrel) Tablet, 0.075 mg, submitted by
Laboratoire HRA Pharma. OPILL is proposed for nonprescription use as a
once daily oral contraceptive to prevent pregnancy.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committees.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before April 25, 2023, will be provided to the
committees. Oral presentations from the public will be scheduled
between approximately 4 p.m. and 5:30 p.m. Eastern Time on May 9, 2023.
Those individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
April 17, 2023. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by April 18, 2023.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Moon Choi (see FOR FURTHER INFORMATION CONTACT) at least 7 days
in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: March 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-06524 Filed 3-28-23; 8:45 am]
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