[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Notices]
[Page 71467-71469]
[DOCID:fr17de07-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56936; File No. SR-FINRA-2007-022]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Order Granting Accelerated
Approval of Proposed Rule Change Relating to FINRA's NYSE Rule 342.13
and the General Securities Principal Examination

December 10, 2007.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 9, 2007, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') (f/k/a National Association of Securities Dealers,
Inc. (``NASD'')) filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by FINRA. This
order provides notice of the proposed rule change and approves the
proposed rule change on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA's New York Stock Exchange LLC
(``NYSE'') Rule 342.13 (Acceptability of Supervisors) \3\ to eliminate
the requirement that the General Securities Principal Examination
(``Series 24 Examination'') be passed after July 1, 2001 in order to be
recognized by NYSE as an acceptable alternative to the General
Securities Sales Supervisor Qualification Examination (``Series 9/10
Examination'') for persons whose duties do not include supervision of
options or municipal securities sales activities. The proposed rule
change is identical to a rule change by the NYSE to its version

of Rule 342.13, which was recently approved by the Commission.\4\
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    \3\ FINRA has incorporated certain NYSE rules into its rulebook,
including NYSE Rule 342. This incorporated NYSE rule applies solely
to those members of FINRA that also are members of NYSE on or after
July 30, 2007 (``Dual Members''), and until the time FINRA adopts a
consolidated rulebook applicable to all of its members. The
incorporated NYSE rules apply to the same categories of persons to
which they applied as of July 30, 2007. In applying the incorporated
NYSE rules to Dual Members, FINRA also has incorporated the related
interpretive positions set forth in the NYSE Rule Interpretations
Handbook and NYSE Information Memos.
    \4\ See Securities Exchange Act Release No. 56854 (November 28,
2007), 72 FR 68613 (December 5, 2007) (SR-NYSE-2007-53) (order
approving an amendment to NYSE Rule 342.13 (Acceptability of
Supervisors)).
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    The text of the proposed rule change is available at FINRA, the
Commission's Public Reference Room, and on FINRA's Web site at http://www.finra.org
.

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

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

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

1. Purpose
    FINRA is proposing a rule change to FINRA's NYSE Rule 342.13 that
would eliminate the requirement that the Series 24 Examination be
passed after July 1, 2001, in order to be recognized by the NYSE as an
acceptable alternative to the Series 9/10 Examination requirement for
persons whose duties do not include supervision of options or municipal
securities sales activities.\5\ The proposed rule change is identical
to a proposed rule change by NYSE to its version of Rule 342.13,\6\
which was recently approved.\7\
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    \5\ The Series 24 Examination does not address these activities.
Prospectively, persons may continue to qualify to supervise options
or municipal securities sales activity by taking and passing the
Series 24 Examination and also taking and passing the Registered
Options Principal (``Series 4'') and/or Municipal Securities
Principal (``Series 53'') Examinations.
    \6\ Pursuant to Rule 17d-2 under the Act, 17 CFR 240.17d-2,
NASD, NYSE, and NYSE Regulation, Inc. entered into an agreement
(``Agreement'') to reduce regulatory duplication for firms that are
Dual Members by allocating certain regulatory responsibilities for
selected NYSE rules from NYSE Regulation, Inc. to FINRA. The
Agreement includes a list of all of those rules (``Common Rules'')
for which FINRA has assumed examination, enforcement and
surveillance responsibilities under the Agreement relating to
compliance by Dual Members to the extent that such responsibilities
involve member firm regulation. See Securities Exchange Act Release
No. 56148 (July 26, 2007), 72 FR 42146 (August 1, 2007) (approving a
plan for allocating regulatory responsibilities). The Common Rules
are the same NYSE rules that FINRA has incorporated into its
rulebook. See Securities Exchange Act Release No. 56147 (July 26,
2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-054) (order
approving incorporation of certain NYSE Rules relating to member
firm conduct). Paragraph 2(b) of the Agreement sets forth procedures
regarding proposed changes by either NYSE or FINRA to the substance
of any of the Common Rules.
    \7\ See supra, note 4.
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    NYSE Rule 342 (Offices--Approval, Supervision and Control)
prescribes the general supervisory requirements for NYSE member
organizations. Among these requirements, Rule 342.13 (Acceptability of
Supervisors) prescribes the NYSE's qualification standards for
personnel delegated supervisory responsibility. Before 2001, this
provision provided, in part, that a person delegated supervisory
responsibility must pass the Series 9/10 Examination or an historical
equivalent (i.e., the Series 8 Examination).
    In October 2002, NYSE amended Rule 342.13 \8\ to recognize FINRA's
Series 24 Examination, if taken and passed after July 1, 2001, as an
acceptable alternative to the Series 9/10 Examination requirement for
persons whose duties do not include supervision of options or municipal
securities sales activities. NYSE reasoned that, as of July 2, 2001,
FINRA had enhanced the Series 24 Examination to include questions that
provide appropriate coverage of NYSE Rules. As noted above, NYSE
recently eliminated the requirement in Rule 342.13 that the Series 24
Examination be taken and passed after July 1, 2001. FINRA is proposing
an identical change to its version of Rule 342.13.
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    \8\ See Securities Exchange Act Release No. 46631 (October 9,
2002), 67 FR 64187 (October 17, 2002) (order approving SR-NYSE-2002-
24). See also NYSE Information Memo 02-51 (November 12, 2002).
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    Further rationale for the proposed rule change is set forth in
NYSE's filing.\9\ As noted in that filing, the NYSE and NASD rulebooks
have converged significantly in the last six years, and individuals who
took the Series 24 Examination before July 1, 2001 have been subject to
regulatory standards that have, to a large degree, been harmonized.\10\
In addition, these individuals have been subject to regulatory and firm
element continuing education, which provides ongoing training with
respect to current regulatory requirements, including NYSE and NASD
Rules, applicable to these persons' duties and responsibilities.
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    \9\ See Securities Exchange Act Release No. 56686 (October 23,
2007), 72 FR 61193 (October 29, 2007) (SR-NYSE-2007-53) (notice of
proposed rule change, as modified by amendments no. 1 and 2, to
amend NYSE Rule 342.13 (Acceptability of Supervisors)).
    \10\ Id.
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    FINRA seeks accelerated approval of the proposed rule change and
requests that the effective date of its proposed rule change be the
same date as approval of the proposed rule change for the identical
NYSE rule.\11\
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    \11\ The Commission notes that the comparable amendment to NYSE
Rule 342.13 was approved on November 28, 2007. See supra, note 4.
Thus, the Commission considers FINRA to be requesting a retroactive
effective date of November 28, 2007, for this proposed rule change.
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2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change would
reduce unnecessary regulatory burdens and provide greater harmonization
between the NYSE and FINRA qualification and examination requirements
by eliminating the requirement that the Series 24 Examination be taken
and passed after July 1, 2001 in order to be recognized by the NYSE as
an acceptable alternative to the Series 9/10 Examination for persons
whose duties do not include supervision of options or municipal sales
activities.
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    \12\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

III. Solicitation of Comments

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

Electronic Comments

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

File Number SR-FINRA-2007-022 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FINRA-2007-022. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of FINRA. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-FINRA-2007-022 and should be submitted on or before January 7, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities association.\13\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 15A(b)(6) of the Act,\14\ which requires, among
other things, that FINRA's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \13\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
    \14\ 15 U.S.C. 78o-3(b)(6).
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    The proposed rule change would make FINRA's NYSE Rule 342.13
identical to the version of NYSE Rule 342.13 in the NYSE rulebook that
was recently approved by the Commission.\15\ In addition, the
Commission believes that the proposed rule change comports with the
provisions of the 17d-2 Agreement, as approved by the Commission, in
which FINRA and NYSE agreed to promptly propose conforming changes,
absent a disagreement about the substance of a proposed rule change to
one of the Common Rules, to ensure that such rules continue to be
Common Rules under the Agreement. In this regard, the Commission
believes it is appropriate for the proposed rule to be effective
retroactively as of November 28, 2007, which is the date NYSE's
amendment to NYSE Rule 342.13 was approved by the Commission.\16\
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    \15\ See supra, note 4.
    \16\ Id.
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    The Commission finds good cause, consistent with Section 19(b)(2)
of the Act,\17\ for approving this proposed rule change before the
thirtieth day after the publication of notice thereof in the Federal
Register. This approval allows the proposed rule change to take effect
without delay. NYSE's proposed revision to NYSE Rule 342.13 was
published for comment and approved by the Commission.\18\ Interested
persons were provided the opportunity to submit comments on rule text
that is identical to FINRA's proposal, and no comments were received.
The Commission believes FINRA's proposal raises no new regulatory or
substantive issues.
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    \17\ 15 U.S.C. 78s(b)(2).
    \18\ Id.
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-FINRA-2007-022), be, and it
hereby is, approved on an accelerated basis effective November 28,
2007.
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    \19\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-24309 Filed 12-14-07; 8:45 am]

BILLING CODE 8011-01-P


75 34.74793729 11.12151704 7.540388554 9.058599628 1.313400372 8.423742373 1200.960225 198.7403718 31.77119199 5.160923146 810.7728965 605.3918453 73.1525 17.70367521 1360.008226 19.58745225 713.855456 0 606.7771376 0 910.1657064 0 21.98548511 377.6969463 4.739623297 14.51599452 0 0 39.4464585 653.2473027 1.6847 370.7215814 9.581998818 114.080931 29.29454354 15.83236077 15.83236077 385.9654329 72.25933654 176.9221218 25.01859571 9.990419755 9.990419755 9.990419755 9.990419755 779.5541894 1.367534655 Page 1842 EPA219b_ BART_ 1d_ 2015_ Pechan 97.10998754 2108.511399 3392.025979 136.0302373 794.171 24.66873328 4.739623297 810.7728965 35.81575881 483.8213655 483.8213655 0 1645.929218 1645.929218 6.84662371 3291.858436 13.69324742 6.84662371 4.2119 36.28998629 7.257997258 4.739623297 17.10131859 24.65403656 764.7572355 24.65403656 764.7572355 417.0239068 178.7245315 2.0719 1097.71074 10.53132057 5.002935702 1733.154819 0 476.9302725 0 10.58813718 265.0488276 0 1025.246482 1099.803534 25.01859571 29.80468049 29.80468049 17.9004449 17.9004449 429.1733327 143.0577776 717.6345112 2115.507791 Page 1843 EPA219b_ BART_ 1d_ 2015_ Pechan 36.04401512 906.6461961 24.0202 2.105880969 3.159748865 0 839.1011698 0.5265 1634.285512 1634.285512 4.739623297 937.2669255 725.7715087 1114.244439 0 0.347151296 17.54888616 0.164358268 18.95849319 142.0842922 432.345681 367.4938289 551.2407433 67.3899 31.66472154 691.702991 1871.841071 7.373287072 1871.841071 7.373287072 63.58331838 47.68748879 15.8958296 710.0514159 6.107208038 3464.685286 0 3487.200579 2223.440259 2223.440259 2.621916374 2.621916374 1716.236343 419.1457936 55.06724532 1315.146939 55.06724532 1315.146939 3.159396171 706.9177432 29.74217436 Page 1844 EPA219b_ BART_ 1d_ 2015_ Pechan 790.3211591 790.3211591 1102.498017 0 3646.252 49.55724631 72.016008 22.64486686 23.69811649 794.1724527 661.8103773 33.86996952 0.313063367 0 0 0 1.895427043 1813.749452 1813.749452 1.895427043 1200.960225 70.9506 0 60.06589825 947.466644 0.884635176 0.884635176 900.2109223 4.739623297 125.7355865 24.61375505 24.61375505 49.23489496 49.23489496 14.1744417 952.1726 4.75015228 8.426613797 359.2507877 202.5565728 25.30361769 4.632990186 242.1416518 67.3899102 0.4212 794.171 779.806082 15.6034684 83.84749818 735.3434976 31.12545251 Page 1845 EPA219b_ BART_ 1d_ 2015_ Pechan 1537.174654 78.892917 34.81441096 34.81441096 69.62882191 69.62882191 719.2263133 7.2787 1086.545466 585.0629433 4.950273221 8.899959302 88.28180685 0 1015.388342 0 1015.388342 0 1015.388342 1015.388342 0 10.45114256 45.25574761 856.2170485 5.160923146 3312.84055 192.4287442 911.8259347 24.4074962 1103.015244 118.2605504 0 0 772.1106725 4.739623297 189.5771194 2.316469066 1.139103 0 306.2529539 128.4909869 1.185597 0 318.7530744 133.735517 531.3227 4.739623297 782.4054538 25.61646091 47.4698 0 Page 1846 EPA219b_ BART_ 1d_ 2015_ Pechan 79.2653827 13.93440774 2922.2747 442.5798491 442.5798491 2147.178676 109.4694405 54.73472025 548.8553701 0 533.4667824 0 533.4667824 1043.224371 997.9188548 997.9188548 709.581 14.51599452 204.4254851 466.207761 3.75336339 5.401181464 14.34521811 14.34521811 68.01511867 68.01511867 68.01511867 68.01511867 2.316469066 2673.691098 272.0604747 6.831056243 6.831056243 13.66211249 136.0302373 0 6.7207 19.10481686 5.002935702 5.113425477 5.266248108 2699.328745 19.7288231 240.05336 1930.769867 244.9988636 96.02299652 140.5485541 1126.260985 1126.260985 25.01859571 Page 1847 EPA219b_ BART_ 1d_ 2015_ Pechan 9.3469 77.17766811 4.577272427 4.098633746 2523.7827 6454.624383 3661.549954 24.75136611 0 0 0 0 0 0 199.6469 199.6469 1126.716494 1126.716494 1064.719856 1476.5237 103.4838657 4428.406 30406.4745 603.3213946 133.993484 Page 1848


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to call for an extension of the comment period for the Food and Drug Administration's Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491.

On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises several significant arguments and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule makes many points that I might want to respond to, but only after thorough investigation. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited.

I never start using a product without first doing my own analysis on the safety of what I am consuming. I have already spent many hours researching and dissecting these issues and the all around safety of the products in question, but taking that informed approach is time consuming. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback on a product that we believe has saved our lives.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they are prolonging my life and improving the lives of my loved ones. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account.

I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

- Karl Rudl


[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51232-51233]
[FR Doc No: 2017-23944]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meetings related to the transmission planning activities of the New
York Independent System Operator, Inc. (NYISO):

NYISO Electric System Planning Working Group and Transmission Planning
Advisory Subcommittee Meeting

November 3, 2017, 10:00 a.m.-3:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-11-03.

NYISO Business Issues Committee Meeting

November 15, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic&directory=2017-11-15.

NYISO Operating Committee Meeting

November 17, 2017, 10:00 a.m.-12:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=oc&directory=2017-11-17.

NYISO Electric System Planning Working Group Meeting

November 17, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-11-17.

NYISO Management Committee Meeting

November 29, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=mc&directory=2017-11-29.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:
    New York Independent System Operator, Inc., Docket No. ER13-102.
    New York Independent System Operator, Inc., Docket No. ER15-2059.
    New York Independent System Operator, Inc., Docket No. ER17-2327.
    New York Transco, LLC, Docket No. ER15-572.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
[email protected].

    Dated: October 30, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-23944 Filed 11-2-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Page 8686]
[FR Doc No: 2021-02615]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 210

[Release No. 33-10876A; 34-90210A; FR-88A; IA-5613A; IC-34052A; File
No. S7-26-19]
RIN 3235-AM63

Qualifications of Accountants

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correction.

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SUMMARY: This document makes technical corrections to amendments to
update certain auditor independence requirements adopted in Release No.
33-10876 (October 16, 2020) (``Adopting Release''), which was published
in the Federal Register on December 11, 2020.

DATES: Effective June 9, 2021.

FOR FURTHER INFORMATION CONTACT: Peggy Kim, Senior Special Counsel,
Office of the Chief Accountant, at<PHONE_NUMBER>, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549.

SUPPLEMENTARY INFORMATION: We are making technical amendments to
correct Sec.  210.2-01. Specifically, this document amends Instruction
2 published in the Adopting Release. Instruction 2.c is amended to
correct a citation to Sec.  210.2-01.
    In document FR doc. 2020-23364, which was published in the Federal
Register on Friday, December 11, 2020, at 85 FR 80508, the following
correction is made:

Sec.  210.2-01   [Corrected]

0
1. On page 80541, in the first column, under ``Sec.  210.2-01'' in
Instruction 2.c, ``Revising paragraphs (c)(1)(ii)(A) introductory
text'' is corrected to read ``Revising paragraph (c)(1)(ii)(A)(1)
introductory text.''

    Dated: February 4, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-02615 Filed 2-8-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76501-76503]
[FR Doc No: 2015-30972]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-2261]

Premarket Notification Requirements Concerning Gowns Intended for
Use in Health Care Settings; Guidance for Industry and Food and Drug
Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the guidance entitled ``Premarket Notification
Requirements Concerning Gowns Intended for Use in Health Care
Settings.'' FDA is issuing this guidance to describe the Agency's
premarket regulatory requirements and the performance testing needed to
support liquid barrier claims for gowns intended for use in health care
settings. This guidance is being issued in light of the public health
importance of personal protective equipment in health care settings and
the recognition that terminology used to describe gowns has evolved,
including by FDA, industry, the standards community, and health care
professionals.

DATES: Submit either electronic or written comments on this guidance at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, 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-2015-D-2261 for ``Premarket Notification Requirements Concerning
Gowns Intended for Use in Health Care Settings.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more

information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    An electronic copy of the guidance document is available for
download from the Internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Premarket Notification Requirements Concerning Gowns Intended for Use
in Health Care Settings '' to the Office of the Center Director,
Guidance and Policy Development, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Elizabeth Claverie, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 2508, Silver Spring, MD 20993-0002, 301-
796-6298.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA issued a final rule on June 24, 1988 (53 FR 23856 at 23874),
defining ``surgical apparel'' under 21 CFR 878.4040. Under this 1988
final rule, surgical gowns and surgical masks were classified as class
II subject to premarket review under section 510(k) of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act), and surgical apparel other
than surgical gowns and surgical masks were classified as class I also
subject to 510(k) premarket review requirements. On January 14, 2000,
FDA issued a final rule (65 FR 2296 at 2318) to designate as exempt
from premarket notification requirements surgical apparel other than
surgical gowns and surgical masks, subject to the limitations of
exemptions under 21 CFR 878.9, which includes requiring a premarket
notification for devices intended for a use different from the intended
use of a legally marketed device in that generic type of device.
    Since the original 1988 final rule, a number of terms have been
used to refer to gowns intended for use in health care settings
including, but not limited to, surgical gowns, isolation gowns,
surgical isolation gowns, nonsurgical gowns, cover gowns, comfort
gowns, procedural gowns, and operating room gowns. The Agency has
defined the term ``surgical gowns'' through existing guidance and
substantial equivalence decisions to mean ``surgical apparel worn by
operating room personnel during surgical procedures to protect both the
surgical patient and the operating room personnel from transfer of
microorganisms, body fluids, and particulate material.'' In 2004, FDA
recognized the consensus standard American National Standards
Institute/Association of the Advancement of Medical Instrumentation
(ANSI/AAMI) PB70:2003, ``Liquid barrier performance and classification
of protective apparel and drapes intended for use in health care
facilities.'' ANSI/AAMI PB 70 utilized new terminology for barrier
performance of gowns. This terminology described and assessed the
barrier protection levels of gowns and other protective apparel
intended for use in health care facilities by specifying test methods
and performance results necessary to verify and validate the newly
defined levels of barrier protection. The definitions and terminology
used in this standard are inconsistent with FDA's historical
definitions of these terms and thus have added confusion in the market
place. The purpose of this guidance is to clarify and describe the
premarket regulatory requirements pertaining to gowns regulated under
Sec.  878.4040 and the performance testing needed to support liquid
barrier claims for gowns intended for use in health care settings.
    In the Federal Register of June 30, 2015 (80 FR 37275), FDA
announced the availability of the draft of this guidance. Interested
persons were invited to comment by August 31, 2015. FDA considered the
public comments received and revised the guidance, where applicable.
Multiple comments requested revisions to the terminology used in the
guidance; however, the intent of the guidance was not to change
existing terminology as used by the Agency, but rather to clarify and
describe the premarket regulatory requirements concerning gowns
intended for use in health care settings. While the focus of any future
actions on this topic may include discussion on changing terminology,
such changes would require additional regulatory action and are outside
the scope of this guidance. Additionally, several comments were
received regarding the Agency's expectation that submitters submit a
510(k) within 60 days if they are not currently in compliance with the
expectations outlined in the guidance. We continue to believe this
timeframe for submission is appropriate since submitters should already
have conducted the testing to support their particular liquid barrier
claims. For the comments received related to specific products, FDA is
encouraging submitters to contact the review Division directly or
submit a pre-submission to address these concerns as it is not
appropriate to address such product-specific concerns in the guidance.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on Premarket Notification Requirements
Concerning Gowns Intended for Use in Health Care Settings. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the Internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov. Persons
unable to download an electronic copy of ``Premarket Notification
Requirements Concerning Gowns Intended for Use in Health Care
Settings'' may send an email request to<EMAIL_ADDRESS>to
receive an electronic copy of the document. Please use the document
number 1500025 to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 807, subparts A through D

have been approved under OMB control number 0910-0625; the collections
of information in 21 CFR part 807, subpart E have been approved under
OMB control number 0910-0120; the collections of information in 21 CFR
part 803 have been approved under OMB control number 0910-0437; the
collections of information in 21 CFR part 820 have been approved under
OMB control number 0910-0073; and the collections of information in 21
CFR part 801 have been approved under OMB control number 0910-0485.

    Dated: December 3, 2015.
Peter Lurie,
Associate Commissioner for Public Health Strategy and Analysis.
[FR Doc. 2015-30972 Filed 12-8-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Pages 2913-2914]
[FR Doc No: 2010-818]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61334; File No. SR-ISE-2009-115]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to a Market Maker Incentive Plan for Foreign Currency
Options

January 12, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 31, 2009, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change, as
described in Items I, II, and III below, which items have been prepared
by the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to extend an incentive plan for market makers
in three foreign currency options (``FX Options''). The text of the
proposed rule change is available on the Exchange's Web site (http://www.ise.com), on the Commission's Web site at http://www.sec.gov, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    On August 3, 2009, the Exchange began trading options on the New
Zealand dollar (``NZD''), the Mexican peso (``PZO'') and the Swedish
krona (``SKA'') \3\ and adopted an incentive plan applicable to market
makers in NZD, PZO and SKA.\4\ The Exchange subsequently extended the
date by which market makers may join the incentive plan.\5\ The purpose
of this proposed rule change is to again extend the date by which
market makers may join the incentive plan.
---------------------------------------------------------------------------

    \3\ The Commission previously approved the trading of options on
NZD, PZO and SKA. See Exchange Act Release No. 34-55575 [sic] (April
3, 2007), 72 FR 17963 (April 10, 2007) (Order approving the listing
and trading of FX Options).
    \4\ See Exchange Act Release No. 34-60536 [sic] (August 19,
2009), 74 FR 43204 (August 26, 2009) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change Relating to Fee Changes and an
Incentive Plan for Three Foreign Currency Options).
    \5\ See Exchange Act Release No. 34-60810 [sic] (October 9,
2009), 74 FR 53527 (October 19, 2009) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to a Market
Maker Incentive Plan for Foreign Currency Options).
---------------------------------------------------------------------------

    In order to promote trading in these FX Options, the Exchange has
an incentive plan pursuant to which the Exchange waives the transaction
fees for the Early Adopter \6\ FXPMM \7\ and all Early Adopter FXCMMs
\8\ that make a market in NZD, PZO and SKA for as long as the incentive
plan is in effect. Further, pursuant to a revenue sharing agreement
entered into between an Early Adopter Market Maker and ISE, the
Exchange pays the Early Adopter FXPMM forty percent (40%) of the
transaction fees collected on any customer trade in NZD, PZO and SKA
and pays up to ten (10) Early Adopter FXCMMs that participate in the
incentive plan twenty percent (20%) of the transaction fees collected
for trades between a customer and that FXCMM. Market makers that do not
participate in the incentive plan are charged regular transaction fees
for trades in these products. In order to participate in the incentive
plan, market makers are required to enter into the incentive plan no
later than December 31, 2009. The Exchange now proposes to extend the
date by which market makers may enter into the incentive plan to March
31, 2010.
---------------------------------------------------------------------------

    \6\ Participants in the incentive plan are known on the
Exchange's Schedule of Fees as Early Adopter Market Makers.
    \7\ A FXPMM is a primary market maker selected by the Exchange
that trades and quotes in FX Options only. See ISE Rule 2213.
    \8\ A FXCMM is a competitive market maker selected by the
Exchange that trades and quotes in FX Options only. See ISE Rule
2213.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. The Exchange believes the proposed rule change will
permit additional market makers to join the incentive plan which in
turn will generate additional order flow to the Exchange by creating
incentives to trade these FX Options as well as defray operational
costs for Early Adopter Market Makers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \11\ and Rule 19b-4(f)(2) \12\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2009-115 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-ISE-2009-115. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule changes between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of ISE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File No. SR-ISE-2009-115 and should be
submitted on or before February 9, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-818 Filed 1-15-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Page 68501]
[FR Doc No: 2014-27079]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-137]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before December 8, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0895 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nia Daniels,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 10, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0895.
    Petitioner: Aviation Unmanned.
    Section of 14 CFR Affected: Part 21, Subpart H; Sec. Sec.
45.23(b); 61.113(a) and (b); 61.133(a); 91.7(a) and (b); 91.105(a)(2)
and (b); 91.109(a); 91.119; 91.203(a)(1) and (2); 91.207; 91.405(a);
91.407(a)(1); 91.409(a)(2); and 91.417(a).
    Description of Relief Sought: Aviation Unmanned seeks exemption in
order to commercially operate the Vanguard Defense Industries'
ShadowHawk MK-II, a rotary, gas-powered unmanned aircraft system, for
aerial inspections of utility powerlines and pipelines.

[FR Doc. 2014-27079 Filed 11-14-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Rules and Regulations]
[Page 28475-28478]
[DOCID:fr21my10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0914; Directorate Identifier 2009-NM-122-AD;
Amendment 39-16304; AD 2010-10-25]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes, and Model A340-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    In the door 2 area, the hat-racks are supplied with a basic wire
harness which includes ``Oxygen Masks'' activation.
    In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It
was noticed in production, that the distance between the stowed wire
harness and the monument could be too small. This condition, if not
corrected, could lead to the short circuit of wires dedicated to
oxygen, which, in case of emergency, could result in a large number
of passenger oxygen masks not being supplied with oxygen, possibly
causing personal injuries.

* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective June 25, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 25,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 19, 2009 (74
FR 53440). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    In the door 2 area, the hat-racks are supplied with a basic wire
harness which includes ``Oxygen Masks'' activation.
    In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It
was noticed in production, that the distance between the stowed wire
harness and the monument could be too small. This condition, if not
corrected, could lead to the short circuit of wires dedicated to
oxygen, which, in case of emergency, could result in a large number
of passenger oxygen masks not being supplied with oxygen, possibly
causing personal injuries.
    For the reasons described above, this AD requires the
modification of the hat rack connectors on stow, and the rerouting
of the associated wire harness in case of monument installed in door
2 area.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-92-4073, Revision
02, dated October 12, 2009. Revision 02 includes the following changes:
     Adds a note stating that the modification of cable harness
5302VB/5303VB is necessary only if the cable is installed; and
     Makes minor text corrections.
    We referred to Airbus Mandatory Service Bulletin A340-92-4073,
Revision 01, dated January 13, 2009, as the appropriate source of
service information for accomplishing the actions specified in the NPRM
(for Model A340-300 series airplanes).
    We have revised paragraphs (f)(1), (f)(2), and (h) of this AD to
cite Airbus Mandatory Service Bulletin A340-92-4073, Revision 02, dated
October 12, 2009. We have added paragraph (f)(3) of this AD to give
credit for accomplishment of the actions done in accordance with the
Airbus Mandatory Service Bulletin A340-92-4073, Revision 01, dated
January 13, 2009; or Airbus Mandatory Service Bulletin A340-92-4073,
dated July 10, 2008.
    Airbus has also issued Mandatory Service Bulletin A330-92-3070,
Revision 02, dated August 19, 2009. Revision 02 includes the following
changes:
     Removes airplanes from the effectivity;
     Makes minor text changes;
     Changes the location of wire harness 5315VB/5316VB in
Figure 2; and
     Adds a note stating that modification of wire harness
5302VB/5303VB is only necessary if installed.
    We referred to Airbus Mandatory Service Bulletin A330-92-3070,
Revision 01, dated January 12, 2009, as the appropriate source of
service information for accomplishing the actions specified in the NPRM
(for Model A330-200 and A330-300 series airplanes).
    We have revised paragraphs (f)(1), (f)(2), and (h) of this AD to
cite Airbus Mandatory Service Bulletin A330-92-3070, Revision 02, dated
August 19, 2009. We have added paragraph (f)(3) to give credit for
accomplishment of the actions done in accordance with Airbus Mandatory
Service Bulletin A330-92-3070, dated July 10, 2008; or Airbus Mandatory
Service Bulletin A330-92-3070, Revision 01, dated January 12, 2009.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Support for the NPRM

    Air Line Pilots Association (ALPA), International supports the
NRPM.

Request To Extend Compliance Time

    Northwest Airlines (NWA) requests that we extend the proposed
compliance time for the modification specified in paragraph (f) of the
NPRM from within 24 months to within 24 months for locations where
monuments are installed, and for other specified locations, to within
72 months or at the time of a new monument installation, whichever
occurs first. NWA explains that its Model A330 airplanes have a
monument installed in only one of the four locations specified in the
service information, and that according to paragraph (e) of the NPRM,
the unsafe condition only exists at locations where there is a monument
installed. NWA reasons that allowing a later compliance time for those
areas without monuments would allow operators to accomplish the
required actions while access is available to the monuments during
normally scheduled maintenance.
    We do not agree to extend the compliance time specified in
paragraph (f) of the final rule for door-2 locations without an
installed monument. This AD requires modification of non-used hat-rack
connections between the monument and outer skin only for door-2 areas
where a monument is installed, as specified in the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A330-92-3070,
Revision 02, dated August 19, 2009; or Airbus Mandatory Service
Bulletin A340-92-4073, Revision 02, dated October 12, 2009; which
ensures the clearance between the wire harnesses and the monument. The
service bulletins also specify airplane configurations and the actions
for each configuration. There are no actions required for those door-2
areas without monuments. We have clarified paragraph (f)(1) of this AD
by adding the phrase ``for airplanes on which a monument is installed
in the door-2 area, as specified in Airbus Mandatory Service Bulletin
A330-92-3070, Revision 02, dated August 19, 2009; or Airbus Mandatory
Service Bulletin A340-92-4073, Revision 02, dated October 12, 2009.''

Request To Revise Proposed Costs of Compliance

    NWA requests that we revise the Cost of Compliance section of the
NPRM to portray the cost to operators as though all four locations
require a monument installation. NWA explains that airplanes configured
with only a single lavatory require 57 labor hours for removal,
installation, and testing. If an operator were to have a monument
installation at each of the four locations, NWA asserts that the labor
hours could be as high as 241 hours for an airplane configured with
three lavatories and a video control center.
    We agree to revise the Cost of Compliance section of the final rule
to portray the cost to operators as though all four locations require a
monument installation. As the service information indicates, time to
get access to the modified area should be included in the cost, with
respect to operators having to perform a monument installation at all
four locations. We are adding 3 work-hours to NWA's estimate of 241
work-hours to account for the modification. Also, the number of
affected products of U.S. registry is now 32. We have revised the Costs
of Compliance section of the final rule accordingly.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information

provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 32 products of U.S. registry.
We also estimate that it will take about 244 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts costs are negligible. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of this AD to the U.S. operators to be
$663,680, or $20,740 per product.

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 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

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 adding the following new AD:

2010-10-25 Airbus: Amendment 39-16304. Docket No. FAA-2009-0914;
Directorate Identifier 2009-NM-122-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 25,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223,
-243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
airplanes; and Airbus Model A340-311, -312, and -313 airplanes;
certificated in any category; all manufacturer serial numbers on
which Airbus Modification 48825 has been embodied in production,
except those on which Airbus Modification 57409 has been embodied in
production.

Subject

    (d) Air Transport Association (ATA) of America Code 92.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    In the door 2 area, the hat-racks are supplied with a basic wire
harness which includes ``Oxygen Masks'' activation.
    In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It
was noticed in production, that the distance between the stowed wire
harness and the monument could be too small. This condition, if not
corrected, could lead to the short circuit of wires dedicated to
oxygen, which, in case of emergency, could result in a large number
of passenger oxygen masks not being supplied with oxygen, possibly
causing personal injuries.
    For the reasons described above, this AD requires the
modification of the hat rack connectors on stow, and the rerouting
of the associated wire harness in case of monument installed in door
2 area.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes on which a monument is installed in the door 2
area, as specified in Airbus Mandatory Service Bulletin A330-92-
3070, Revision 02, dated August 19, 2009; or Airbus Mandatory
Service Bulletin A340-92-4073, Revision 02, dated October 12, 2009:
Within 24 months after the effective date of this AD, modify both
the left-hand (L/H) and right-hand (R/H) hat-rack connectors, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A330-92-3070, Revision 02, dated August 19, 2009;
or Airbus Mandatory Service Bulletin A340-92-4073, Revision 02,
dated October 12, 2009; as applicable; except as provided by
paragraphs (f)(2) and (f)(3) of this AD.
    (2) Modifications done before the effective date of this AD, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A330-92-3070 or A340-92-4073, both dated July 10,
2008, as applicable, are acceptable for compliance with the
applicable requirements of paragraph (f)(1) of this AD, provided
that within 24 months after the effective date of this AD, the
``ADDITIONAL WORK'' specified in the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A330-92-3070, Revision 01, dated
January 12, 2009, or Revision 02, dated August 19, 2009; or Airbus
Mandatory Service Bulletin A340-92-4073, Revision 01, dated January
13, 2009, or Revision 02, dated October 12, 2009; as applicable; is
accomplished.
    (3) Modifying both the L/H and R/H hat-rack connectors is also
acceptable for

compliance with the requirements of paragraph (f)(1) of this AD if
done before the effective date of this AD in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-92-3070, Revision 01, dated January 12, 2009; or Airbus
Mandatory Service Bulletin A340-92-4073, Revision 01, dated January
13, 2009.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2009-0077, dated April 6, 2009; Airbus Mandatory Service
Bulletin A330-92-3070, Revision 02, dated August 19, 2009; and
Airbus Mandatory Service Bulletin A340-92-4073, Revision 02, dated
October 12, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-92-3070,
Revision 02, dated August 19, 2009; or Airbus Mandatory Service
Bulletin A340-92-4073, Revision 02, dated October 12, 2009; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80, e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 6, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraaft Certification
Service.
[FR Doc. 2010-11740 Filed 5-20-10; 8:45 am]
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[Federal Register: November 2, 2010 (Volume 75, Number 211)]
[Notices]
[Page 67421-67422]
[DOCID:fr02no10-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63196; File No. SR-FINRA-2010-046]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change To Remove the
Exemption From the Trading Activity Fee for Transactions in Exchange
Listed Options Effected by a Member When FINRA Is Not the Designated
Options Examining Authority for That Member

October 27, 2010.

I. Introduction

    On September 7, 2010, Financial Industry Regulatory Authority, Inc.
(``FINRA'') 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 to amend its By-Laws to remove the exemption from
the trading activity fee (``TAF'') for transactions in exchange listed
options effected by a member when FINRA is not the designated options
examining authority (``DOEA'') for that member. The proposed rule
change was published for comment in the Federal Register on September
23, 2010.\3\ The Commission received no comment letters on the
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62927 (September 17,
2010), 75 FR 58004.
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II. Description of the Proposed Rule Change

    In its proposal, FINRA sought to amend Section 1(b) of Schedule A
to the FINRA By-Laws to remove the exemption from the TAF for
transactions in exchange listed options effected by a member for whom
FINRA is not the DOEA. The TAF is one of three member regulatory fees
FINRA uses to fund its member regulation activities.\4\ Because the TAF
funds FINRA's member regulation functions, it is intended to apply to
transactions in a way that corresponds to FINRA's regulatory
responsibilities.\5\ In general, the TAF is assessed for the sale of
all exchange registered securities wherever executed (except debt
securities that are not TRACE-eligible), over-the-counter equity
securities, security futures, TRACE-Eligible Securities (provided that
the transaction is a Reportable TRACE Transaction), and all municipal
securities subject to the reporting requirements of the Municipal
Securities Rulemaking Board.\6\ The TAF rules also include numerous
exemptions for certain types of transactions.\7\
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    \4\ See FINRA By-Laws, Schedule A, Sec.  1(b). In addition to
the TAF, the other member regulatory fees are the Gross Income
Assessment and the Personnel Assessment. See id. Sec. Sec.  1(c),
(d).
    \5\ See Securities Exchange Act Release No. 50485 (October 1,
2004), 69 FR 60445 (October 8, 2004) (SR-NASD-2003-201).
    \6\ See FINRA By-Laws, Schedule A, Sec.  1(b)(1).
    \7\ See FINRA By-Laws, Schedule A, Sec.  1(b)(2).
---------------------------------------------------------------------------

    In 2003, FINRA exempted from the TAF ``[t]ransactions in exchange
listed options effected by a member when FINRA is not the designated
options examining authority for that member.'' \8\ FINRA represented
that the exemption was added to reflect the fact that FINRA's
regulatory responsibilities with respect to such activities were
somewhat alleviated by its participation in a plan filed with the
Commission under Rule 17d-2 of the Act \9\ (``17d-2 Agreement'') in
which regulatory responsibilities for certain FINRA members that
conducted a public options business were assumed by other self
regulatory organizations (``SROs'') that would act as the members'
DOEA.\10\ In view of the fact that another SRO performed certain
regulatory responsibilities with respect to the options activities of
some of its members, FINRA decided to exempt transactions in exchange
listed options by such members from the TAF.\11\ The exemption was also
based on the fact that certain other SROs were assessing or preparing
to assess specific regulatory fees for acting as DOEA,\12\ which FINRA
believed made its TAF on options transactions appear redundant.
However, subsequent amendments to the 17d-2 Agreement have consolidated
within FINRA sole regulatory responsibility for the public options
activities of all of its members \13\ and FINRA assumed all regulatory
responsibility for FINRA members under the 17d-2 Agreement.\14\ As a
result of this increase in regulatory responsibility, FINRA filed the
instant proposed rule change to delete the exemption from the TAF.\15\
---------------------------------------------------------------------------

    \8\ FINRA By-Laws, Schedule A, Sec.  1(b)(2)(K). See Securities
Exchange Act Release No. 47946 (May 30, 2003), 68 FR 34021 (June 6,
2003) (SR-NASD-2002-148).
    \9\ 17 CFR 240.17d-2.
    \10\ See Securities Exchange Act Release No. 46800 (November 8,
2002), 67 FR 69774 (November 19, 2002).
    \11\ Transactions in over-the-counter (``conventional'') options
are exempted from the TAF with respect to all FINRA members. See
FINRA By-Laws, Schedule A, Sec.  1(b)(2)(H).
    \12\ See, e.g., Securities Exchange Act Release No. 47577 (March
26, 2003), 68 FR 16109 (April 2, 2003) (SR-PCX-2003-03) (PCX rule
filing establishing a DOEA fee).
    \13\ See Securities Exchange Act Release No. 57987 (June 18,
2008), 73 FR 36156 (June 25, 2008).
    \14\ Following the consolidation of National Association of
Securities Dealers (``NASD'') and NYSE member regulation operations
in 2007, FINRA announced that it serves as the DOEA for all FINRA
member firms. See Regulatory Notice 08-37 (July 2008).
    \15\ At the time FINRA (then NASD) proposed the exemption in
Amendment No. 4 to SR-NASD-2002-148, it noted that ``NASD does not
believe it is precluded from seeking further amendments to the TAF
with respect to the reduction or elimination of the proposed
exemption * * * in the event of a change of factors surrounding its
sales practice and other regulatory responsibilities.'' Letter from
Barbara Z. Sweeney, SVP and Corporate Secretary, NASD, to Katherine
A. England, Assistant Director, Division of Trading and Markets,
Commission, dated May 19, 2003.
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    FINRA represented that deleting this exemption would also remove
any ambiguities over whether FINRA should collect the TAF from sole-
FINRA members or from FINRA members that conduct only a proprietary
options business. FINRA stated its belief that the existing language
exempting a member's transactions in exchange listed options from the
TAF when FINRA is not the DOEA for the member does not properly align
with those situations where FINRA has regulatory responsibility over
the member firm. First, the DOEA designation is established only under
the 17d-2 Agreement, which by its own terms applies only with respect
to firms that are members of more than one SRO. Thus, according to
FINRA, while it has regulatory responsibilities for the

options business of its sole members, it is not technically the DOEA
for such firms. Second, the 17d-2 Agreement addresses only a firm's
public options business. As such, a firm that conducts only a
proprietary options business, irrespective of whether such firm is a
member of FINRA and another SRO, would not be covered by the 17d-2
Agreement, and FINRA would not technically be the DOEA. FINRA stated
that although its regulatory responsibilities are more limited for a
firm that does not conduct a public options business, it still retains
regulatory responsibilities over the firm's options activities.

III. Discussion and Commission Findings

    After carefully reviewing the proposed rule change, the Commission
finds that the proposal is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities association.\16\ In particular, the Commission finds that
the proposal is consistent with Section 15A(b)(5) of the Act,\17\ which
requires that a national securities association have rules that provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities.
Further, the Commission finds that the proposal is consistent with
Section 15A(b)(6) of the Act,\18\ which requires, among other things,
that FINRA rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and, in general, to protect investors and the public interest.
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    \16\ In approving this 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).
    \17\ 15 U.S.C. 78o-3(b)(5).
    \18\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that removal of the TAF exemption for
transactions in exchange listed options effected by members for whom
FINRA is not the DOEA is consistent with the Act because it more
properly aligns the imposition of the TAF with those situations where
FINRA has regulatory responsibility over the member firm.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-FINRA-2010-046) be, and
hereby is, approved.\20\
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    \19\ 15 U.S.C. 78s(b)(2).
    \20\ FINRA states it will implement the proposed rule change on
the first day of the month following Commission approval. FINRA will
announce the implementation of the proposed rule change in a
Regulatory Notice to be published no later than 30 days following
Commission approval.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27671 Filed 11-1-10; 8:45 am]
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