[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Rules and Regulations]
[Page 39832]
[FR Doc No: 2020-14326]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0391]

Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce five safety zones for annual
firework displays in the Captain of the Port, Puget Sound Zone during
the dates and times noted under SUPPLEMENTARY INFORMATION. This action
is necessary to prevent injury and to protect life and property of the
maritime public from hazards associated with the firework displays.
During the enforcement periods, entry into, transit through, mooring,
or anchoring within these safety zones is prohibited unless authorized
by the Captain of the Port, Puget Sound or their Designated
Representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced for the five
safety zones identified in the SUPPLEMENTARY INFORMATION section below
from 5 p.m. on July 4, 2020, until 1 a.m. on July 5, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Chief Warrant Officer William E.
Martinez, Sector Puget Sound Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce regulations in
33 CFR 165.1332 for five safety zones established for Annual Fireworks
Displays within the Captain of the Port, Puget Sound Area of
Responsibility. These regulations will be enforced from 5 p.m. on July
4, 2020, until 1 a.m. on July 5, 2020, at the following locations:

----------------------------------------------------------------------------------------------------------------
             Event name                     Location                Latitude                  Longitude
----------------------------------------------------------------------------------------------------------------
Alderbrook Resort & Spa Fireworks..  Hood Canal............  47[deg]21.033' N......  123[deg]04.1' W.
Sheridan Beach Community...........  Lake Forest Park......  47[deg]44.783' N......  122[deg]16.917' W.
Port Angeles.......................  Port Angeles Harbor...  48[deg]07.033' N......  123[deg]24.967' W.
Friday Harbor Independence.........  Friday Harbor.........  48[deg]32.255' N......  123[deg]0.654' W.
Roche Harbor Fireworks.............  Roche Harbor..........  48[deg]36.7' N........  123[deg]09.5' W.
----------------------------------------------------------------------------------------------------------------

    The special requirements listed in 33 CFR 165.1332(b) apply to the
activation and enforcement of these safety zones. To seek permission
from the Captain of the Port or their Designated Representative to
enter any of these zones, you may contact the Coast Guard Sector Puget
Sound Joint Harbor Operations Center (JHOC) on VHF Ch 16 or via
telephone at<PHONE_NUMBER>. You may not enter the zone unless you have
obtained that permission. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing this
regulation.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners.

    Dated: June 27, 2020.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2020-14326 Filed 7-1-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]
[Page 38922-38923]
[DOCID:fr08jy08-16]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2007-0198]
RIN 1625-AA01

Anchorage Regulations; Stonington Maine, Deer Island Thorofare,
Penobscot Bay, ME

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby establishes Crotch Island Special
Anchorage in Stonington, Maine, on Deer Island Thorofare, Penobscot
Bay. This action is necessary to facilitate safe navigation and provide
a safe and secure anchorage for vessels of not more than 65 feet in
length. This action is intended to increase the safety of life and
property on Deer Island Thorofare, improve the safety of anchored
vessels, and provide for the overall safe and efficient flow of vessel
traffic and commerce.

DATES: This rule is effective August 7, 2008.

ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (USCG-2007-0198), and are available for inspection
or copying at room 628, First Coast Guard District Boston, between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (DPW),
First Coast Guard District, 408 Atlantic Ave., Boston, Massachusetts
02110, Telephone<PHONE_NUMBER> or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 14, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Stonington Maine, Deer Island
Thorofare, Penobscot Bay, ME'' in the Federal Register (73 FR 8633). We
received no letters commenting on the proposed rule. No public hearing
was requested, and none was held.

Background and Purpose

    The rule is intended to reduce the risk of vessel collisions by
creating Crotch Island Special Anchorage area to aid the Town of
Stonington in enforcing its mooring and boating regulations.
    The Coast Guard is designating the special anchorage area in
accordance with 33 U.S.C. 471. Under that statute, vessels will not be
required to sound signals or exhibit anchor lights or shapes which are
otherwise required by rule 30 and 35 of the Inland Navigation Rules,
codified at 33 U.S.C. 2030 and 2035.
    The Coast Guard has defined the anchorage area contained herein
with the advice and consent of the Army Corps of Engineers, Northeast,
located at 696 Virginia Rd., Concord, MA 01742.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
    This finding is based on the fact that this rule conforms to the
changing needs of the Town of Stonington, the changing needs of
recreational, fishing and commercial vessels, and makes the best use of
the available navigable water. This rule is in the interest of safe
navigation, protection of moored vessels, protection of the Town of
Stonington and the marine environment.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking.
    If the rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please contact John J. Mauro, at
the address listed in ADDRESSES above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
Regulatory Enforcement Ombudsman and the

Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph 34(f), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A final ``Categorical Exclusion
Determination'' and a final ``Environmental Analysis Check List'' are
available in the docket for inspection or copying where indicated under
ADDRESSES. This rule fits the category selected from paragraph (34)(f)
as it would establish one special anchorage area.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and
2071; Department of Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  110.4 by adding paragraph (c) to read as follows:

Sec.  110.4  Penobscot Bay, Maine.

* * * * *
    (c) Stonington Harbor, Deer Island Thorofare. (1) Crotch Island.
All of the waters bound by the following points beginning at the
northeast shore of Crotch Island located at: latitude
44[deg]08[min]51.0[sec] N, longitude 068[deg]40[min]06.0[sec] W; thence
southerly along the shoreline to latitude 44[deg]08[min]36.0[sec] N,
longitude 068[deg]40[min]07.02[sec] W; thence to latitude
44[deg]08[min]36.0[sec] N, longitude 068[deg]40[min]04.02[sec] W;
thence to latitude 44[deg]08[min]46.98[sec] N, longitude
068[deg]40[min]00.0[sec] W; thence to latitude 44[deg]08[min]55.02[sec]
N, longitude 068[deg]39[min]49.02[sec] W; thence to latitude
44[deg]08[min]54.0[sec] N, longitude 068[deg]40[min]06.0[sec] W thence
back to origin.
    DATUM: NAD 83.
    (2) [Reserved].

    Note to Sec.  110.4(c): An ordinance of the Town of Stonington,
Maine requires the approval of the Stonington Harbor Master for the
location and type of moorings placed in these special anchorage
areas. All anchoring in the areas are under the supervision of the
Stonington Harbor Master or other such authority as may be
designated by the authorities of the Town of Stonington, Maine. All
moorings are to be so placed that no moored vessel will extend
beyond the limit of the area.

    Dated: June 23, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-15311 Filed 7-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Pages 4044-4045]
[FR Doc No: 2023-01122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96682; File No. SR-NYSEARCA-2023-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Its NYSE
Arca Equities Fees and Charges

January 17, 2023.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on January 3, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its NYSE Arca Equities Fees and
Charges (the ``Fee Schedule'') with respect to certain regulatory fees
related to the Central Registration Depository (``CRD'' or ``CRD
system''), which are collected by the Financial Industry Regulatory
Authority, Inc. (``FINRA''). The Exchange proposes to implement the fee
change on January 3, 2023. The proposed rule change is available on the
Exchange's website at www.nyse.com, 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule with respect to
certain regulatory fees collected by FINRA for use of CRD.\4\ The
Exchange proposes to implement the fee changes effective January 3,
2023.
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    \4\ CRD is the central licensing and registration system for the
U.S. securities industry. The CRD system enables individuals and
firms seeking registration with multiple states and self-regulatory
organizations to do so by submitting a single form, fingerprint
card, and a combined payment of fees to FINRA. Through the CRD
system, FINRA maintains the qualification, employment, and
disciplinary histories of registered associated persons of broker-
dealers.
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    FINRA collects and retains certain regulatory fees via CRD for the
registration of associated persons of Exchange ETP Holders that are not
FINRA members (``Non-FINRA ETP Holders'').\5\ CRD fees are user-based,
and there is no distinction in the cost incurred by FINRA if the user
is a FINRA member or a Non-FINRA ETP Holder.
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    \5\ The Exchange originally adopted fees for use of the CRD
system in 2005 and amended those fees in 2013 and 2022. See
Securities Exchange Act Release No. 51641 (May 2, 2005), 70 FR 24155
(May 6, 2005) (SR-PCX-2005-49); Securities Exchange Act Release No.
68588 (January 4, 2013), 78 FR 2473 (January 11, 2013) (SR-NYSEArca-
2012-143); Securities Exchange Act Release No. 93900 (January 5,
2022), 87 FR 1451 (January 11, 2022) (SR-NYSEArca-2021-104). While
the Exchange lists these fees in its Fee Schedule, it does not
collect or retain these fees.
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    FINRA recently amended two of the fees assessed for use of the CRD
system.\6\ Accordingly, the Exchange proposes to amend the Fee Schedule
to mirror the fees assessed by FINRA, which will be implemented
concurrently with the amended FINRA fee as of January 2023.\7\
Specifically, the Exchange proposes to amend the Fee Schedule to modify
the fee charged to Non-FINRA ETP Holders for additional processing of
each initial or amended Form U4, Form U5 or Form BD that includes the
initial reporting, amendment, or certification of one or more
disclosure events or proceedings from $110 to $155 \8\ and the fee for
processing and posting to the CRD system each set of fingerprints
submitted electronically to FINRA, plus any other charge that may be
imposed by the U.S. Department of Justice for processing each set of
fingerprints, from $15 to $20.\9\
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    \6\ See Securities Exchange Act Release No. 90176 (October 14,
2020), 85 FR 66592 (October 20, 2020) (SR-FINRA-2020-032).
    \7\ The Exchange notes that it has only adopted the CRD system
fees charged by FINRA to Non-FINRA ETP Holders when such fees are
applicable. In this regard, certain FINRA CRD system fees and
requirements are specific to FINRA members, but do not apply to NYSE
Arca-only ETP Holders. Non-FINRA ETP Holders have been charged CRD
system fees since 2005. See note 5, supra. ETP Holders that are also
FINRA members are charged CRD system fees according to Section 4 of
Schedule A to the FINRA By-Laws.
    \8\ See Section (4)(b)(3) of Schedule A to the FINRA By-laws.
    \9\ See Section (4)(b)(4) of Schedule A to the FINRA By-laws.
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    The Exchange notes that the proposed change is not otherwise
intended to address any other issues surrounding regulatory fees, and
the Exchange is not aware of any problems that ETP Holders would have
in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\10\ in general, and furthers the
objectives of section 6(b)(4) \11\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges. The Exchange also believes that the
proposed rule change is consistent with section 6(b)(5) of the Act,\12\
in that it is designed to promote just and equitable principles of
trade, to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed fee change is reasonable
because the fee will be identical to that adopted by FINRA as of
January 2023 for use of the CRD system to submit an initial or amended
Form U4, Form U5 or Form BD that includes the initial reporting,
amendment, or certification of one or more disclosure events or
proceedings and the posting to CRD each set of fingerprints submitted
electronically to FINRA. The costs of operating and improving the CRD
system are similarly borne by FINRA when a Non-FINRA ETP Holder uses
the CRD system; accordingly, the fees collected for such use should, as
proposed by the Exchange, mirror the fees assessed to FINRA members. In
addition, as FINRA noted in amending its fees, it believes that its
proposed

pricing structure is reasonable and correlates fees with the components
that drive its regulatory costs to the extent feasible. The Exchange
further believes that the change is reasonable because it will provide
greater specificity regarding the CRD system fees that are applicable
to Non-FINRA ETP Holders. All similarly situated ETP Holders are
subject to the same fee structure, and every ETP Holder must use the
CRD system for registration and disclosure. Accordingly, the Exchange
believes that the fees collected for such use should likewise increase
in lockstep with the fees assessed to FINRA members, as is proposed by
the Exchange.
    The Exchange also believes that the proposed fee change provides
for the equitable allocation of reasonable fees and other charges, and
does not unfairly discriminate between customers, issuers, brokers, and
dealers. The fee applies equally to all individuals and firms required
to report information the CRD system, and the proposed change will
result in the same regulatory fees being charged to all ETP Holders
required to report information to CRD and for services performed by
FINRA regardless of whether such ETP Holders are FINRA members.
Accordingly, the Exchange believes that the fee collected for such use
should increase in lockstep with the fee adopted by FINRA as of January
2023, as is proposed by the Exchange.

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

    In accordance with section 6(b)(8) of the Act,\13\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Specifically, the Exchange believes that the
proposed change will reflect fees that will be assessed by FINRA as of
January 2023 and will thus result in the same regulatory fees being
charged to all ETP Holders required to report information to the CRD
system and for services performed by FINRA, regardless of whether or
not such ETP Holders are FINRA members.
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    \13\ See 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEARCA-2023-02 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-NYSEARCA-2023-02. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2023-02, and should be
submitted on or before February 13, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01122 Filed 1-20-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Proposed Rules]
[Page 8833-8836]
[DOCID:fr15fe08-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0176; Directorate Identifier 2007-NM-228-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800
and -900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -700C, -800 and -900 series
airplanes. This proposed AD would require an inspection of the escape
slides for the forward and aft entry and service doors to determine the
part number and service bulletin number stenciled on the escape slide
girt, and modification of the escape slide assemblies. This proposed AD
also would require concurrent modification of the escape slide latch
assembly; concurrent inspection of the escape slides to determine the
part number and service bulletin number stenciled on the escape slide
girts, and replacement of the trigger housing on the regulator valve
with improved trigger housing if necessary; and concurrent replacement
of the rod in the pilot valve regulator with a new improved rod; as
applicable. This proposed AD results from reports that certain escape
slides did not automatically inflate when deployed or after the manual
inflation cable was pulled. We are proposing this AD to prevent failure
of an escape slide to inflate when deployed, which could result in the
slide being unusable during an emergency evacuation and consequent
injury to passengers or crewmembers.

DATES: We must receive comments on this proposed AD by March 31, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Robert K. Hettman, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0176;
Directorate Identifier 2007-NM-228-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports indicating that Goodrich 5A3307 series
escape slides did not automatically inflate when deployed on Boeing
Model 737-600, -700, -700C, -800 and -900 series airplanes. On some of
these airplanes, the escape slides did not inflate even after the
manual inflation cable was pulled and the firing cable was pulled out
of the valve regulator assembly. Investigation revealed that these
escape slides did not inflate because the piston rod was incorrectly
installed in the valve regulator assembly of the escape slide. The same
valve regulator is also used on Goodrich 5A3086 and 5A3088 series
escape slides. If the rod is installed upside down, the valve regulator
assembly can be charged but the rod will prevent the regulator from
activating when the firing cable is pulled. On other airplanes, the
escape slides did not automatically inflate when deployed, but did
inflate after the manual inflation cable was pulled. Investigation
revealed that these escape slides did not automatically inflate because
there was insufficient force to pull the inflation cable from the
valve, due to the trigger housing cover deflecting the inflation cable.
The failure of an escape slide to inflate when deployed, if not
corrected, could result in the slide being unusable during an emergency
evacuation and consequent injury to passengers or crewmembers.

Other Related Rulemaking

    On July 13, 2001, we issued AD 2001-15-01, amendment 39-12335 (66
FR 38361, July 24, 2001), applicable to certain Boeing Model 727 and
737 airplanes; and Model 757-200, 757-200CB, and 757-300 series
airplanes. That AD requires modification of the latch assembly of the
escape slides. For Model 737-600, -700, and -800 series airplanes, that
AD also requires installation of a cover assembly on the trigger
housing of the inflation cylinder on the escape slides. For certain

airplanes, this proposed AD specifies prior or concurrent
accomplishment of certain requirements of paragraph (a) of AD 2001-15-
01.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 737-25-1491, dated April
23, 2007. The service bulletin describes procedures for inspecting the
escape slides to determine the Goodrich part number and service
bulletin number stenciled on the escape slide girts, and for modifying
the escape slide assemblies.
    Boeing Service Bulletin 737-25-1491 refers to Goodrich Service
Bulletin 25-338, Revision 1, dated March 31, 2004, as an additional
source of service information for modifying the escape slide
assemblies. The modification includes replacing the regulator piston
plug in the vespel piston with a new piston plug, installing a new
ensolite pad on the valise, and replacing the trigger housing cover
with an improved trigger housing cover.

Concurrent Service Information

    Boeing Service Bulletin 737-25-1491 also specifies prior or
concurrent accomplishment of the following service bulletins:
     Boeing Service Bulletin 737-25-1404, dated May 25, 2000,
or Revision 1, dated April 18, 2002, for certain Model 737-600, -700,
and -800 series airplanes, equipped with any escape slide having P/N
5A3307-1, P/N 5A3307-3, P/N 5A3086-3, or P/N 5A3088-3. The original
issue of the service bulletin is required by paragraph (a) of AD 2001-
15-01. This service bulletin describes procedures for modifying the
escape slide latch assembly.
     Boeing Special Attention Service Bulletin 737-25-1475,
dated November 26, 2002, for Model 737-600, -700, -700C, -800 and -900
series airplanes equipped with any escape slide having P/N 5A3086-3 or
P/N 5A3088-3. Boeing Special Attention Service Bulletin 737-25-1475
describes procedures for inspecting the four escape slides to determine
the part number and service bulletin number stenciled on the escape
slide girts, and replacing the trigger housing on the regulator valve
with improved trigger housing if Goodrich Service Bulletin 5A3086/
5A3088-25-302 is not stenciled on the girt. For certain airplanes, the
Boeing service bulletin also specifies that a records review may be
done in lieu of the inspection to determine the part number. Boeing
Service Bulletin 737-25-1475 refers to Goodrich Service Bulletin
5A3086/5A3088-25-336, dated June 17, 2002, as an additional source of
service information for replacing the trigger housing on the regulator
valve with new improved trigger housing.
     Goodrich Service Bulletin 25-308, dated January 21, 2000,
for any escape slide having P/N 5A3307-1, P/N 5A3086-3, or P/N 5A3088-
3; or P/N 5A3307-3 and Goodrich Service Bulletin 5A3307-25-309
stenciled on the girt. Goodrich Service Bulletin 25-308 describes
procedures for replacing the rod in the pilot valve regulator with a
new improved rod.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the actions
specified in the service information described previously.

Clarification of Concurrent Service Information

    Although Boeing Service Bulletin 737-25-1491 identifies Boeing
Special Attention Service Bulletin 737-25-1403, dated May 4, 2000, or
Revision 1, dated November 29, 2001; and Goodrich Service Bulletin
5A3307-25-309, dated October 29, 1999; as concurrent requirements, this
proposed AD would not require accomplishment of those service
bulletins. (Boeing Service Bulletin 737-25-1491 incorrectly dates the
original issue of Boeing Special Attention Service Bulletin 737-25-1403
as November 29, 2001.) Instead, this proposed AD would require
installing an improved trigger housing cover in accordance with
Goodrich Service Bulletin 25-338. Goodrich Service Bulletin 25-338
incorporates a larger escape slide valise pad that provides the same
shielding function as the trigger housing modification specified in
Boeing Special Attention Service Bulletin 737-25-1403 and Goodrich
Service Bulletin 5A3307-25-309. However, some operators might have
previously incorporated Boeing Special Attention Service Bulletin 737-
25-1403 and Goodrich Service Bulletin 5A3307-25-309 on certain Model
737-600, -700, and -800 series airplanes delivered with an escape slide
having P/N 5A3307-1, as required by AD 2001-15-01. For these airplanes,
this proposed AD would further require replacing the rod in the pilot
valve regulator with a new improved rod in accordance with Goodrich
Service Bulletin 25-308.
    Although Boeing Service Bulletin 737-25-1491 identifies Goodrich
Service Bulletin 5A3086/5A3088-25-302, dated November 13, 1998, or
Revision 1, dated February 19, 2001, as a concurrent requirement, this
proposed AD would not require accomplishment of that service bulletin.
However, some operators might have previously accomplished the actions
specified in Goodrich Service Bulletin 5A3086/5A3088-25-302. If
Goodrich Service Bulletin 5A3086/5A3088-25-302 has been previously
accomplished on Model 737-600, -700, -700C, -800 and -900 series
airplanes equipped with any escape slide having P/N 5A3086-3 or P/N
5A3088-3, the trigger housing replacement specified in Boeing Special
Attention Service Bulletin 737-25-1475 and Goodrich Service Bulletin
5A3086/5A3088-25-336 would not need to be accomplished.

Costs of Compliance

    We estimate that this proposed AD would affect 480 airplanes of
U.S. registry. We also estimate that it would take about 1 work-hour
per product to comply with the proposed inspection. The average labor
rate is $80 per work-hour. Based on these figures, we estimate the cost
of this proposed AD to the U.S. operators to be $38,400 or $80 per
product.
    The following table provides the estimated costs, at an average
labor rate of $80 per work-hour, for U.S. operators to comply with the
proposed concurrent actions, if applicable.

                             Estimated Costs
------------------------------------------------------------------------
                                                               Cost per
              Action                Work hours     Parts       airplane
------------------------------------------------------------------------
Concurrent actions specified in              2       $1,424       $1,584
 Boeing Service Bulletin 737-25-
 1404............................
Concurrent actions specified in              3        1,740        1,980
 Boeing Special Attention Service
 Bulletin 737-25-1475............

Concurrent actions specified in              3          516          756
 Goodrich Service Bulletin 25-308
------------------------------------------------------------------------

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2008-0176; Directorate Identifier 2007-NM-
228-AD.

Comments Due Date

    (a) We must receive comments by March 31, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800
and -900 series airplanes, certificated in any category, as
identified in Boeing Service Bulletin 737-25-1491, dated April 23,
2007.

Unsafe Condition

    (d) This AD results from reports that certain escape slides did
not inflate when deployed or after the manual inflation cable was
pulled. We are issuing this AD to prevent failure of an escape slide
to inflate when deployed, which could result in the slide being
unusable during an emergency evacuation and consequent injury to
passengers or crewmembers.

Compliance

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

Inspection and Modification

    (f) Within 36 months after the effective date of this AD,
inspect the escape slides for the forward and aft entry and service
doors to determine the Goodrich part number and service bulletin
number stenciled on the escape slide girts, and modify the escape
slide assemblies, in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 737-25-1491, dated April 23, 2007.

    Note 1: Boeing Service Bulletin 737-25-1491 refers to Goodrich
Service Bulletin 25-338, Revision 1, dated March 31, 2004, as an
additional source of service information for modifying the escape
slide assemblies.

Concurrent Requirements

    (g) Prior to or concurrently with accomplishing the actions
required by paragraph (f) of this AD, do the applicable actions
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) For Model 737-600, -700, and -800 series airplanes
identified in Boeing Service Bulletin 737-25-1404, dated May 25,
2000, equipped with any escape slide having P/N 5A3307-1, P/N
5A3307-3, P/N 5A3086-3, or P/N 5A3088-3: Modify the escape slide
latch assembly in accordance with Boeing Service Bulletin 737-25-
1404, dated May 25, 2000, as required by paragraph (a) of AD 2001-
15-01; or Boeing Service Bulletin 737-25-1404, Revision 1, dated
April 18, 2002.
    (2) For Model 737-600, -700, -700C, -800 and -900 series
airplanes equipped with any escape slide having P/N 5A3086-3 or P/N
5A3088-3: Inspect the four escape slides to determine the part
number and service bulletin number stenciled on the escape slide
girts, and replace the trigger housing on the regulator valve with
improved trigger housing if Goodrich Service Bulletin 5A3086/5A3088-
25-302 is not stenciled on the girt, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-25-1475, dated November 26, 2002. For airplanes
identified as Group 2 in the service bulletin, a records review may
be done in lieu of the inspection to determine the part number.

    Note 2: Boeing Service Bulletin 737-25-1475 refers to Goodrich
Service Bulletin 5A3086/5A3088-25-336, dated June 17, 2002, as an
additional source of service information for replacing the trigger
housing on the regulator valve with new improved trigger housing.

    (3) For Model 737-600, -700, -700C, -800 and -900 series
airplanes equipped with any escape slide having P/N 5A3307-1, P/N
5A3086-3, or P/N 5A3088-3; or P/N 5A3307-3 and Goodrich Service
Bulletin 5A3307-25-309 stenciled on the girt: Replace the rod in the
pilot valve regulator with a new improved rod in accordance with
Goodrich Service Bulletin 25-308, dated January 21, 2000.

Terminating Action for AD 2001-15-01

    (h) For Model 737-600, -700, and -800 series airplanes
identified in Boeing Special Attention Service Bulletin 737-25-1403,
dated May 4, 2000: Accomplishing the replacement of the regulator
piston plug in the vespel piston with a new piston plug,
installation of a new insolate pad on the valise, and removal of the
trigger housing cover, in accordance with Goodrich Service Bulletin
25-338, Revision 1, dated March 31, 2004, terminates the
modification specified in Boeing Special Attention Service Bulletin
737-25-1403, dated May 4, 2000, as required by paragraph (a) of AD
2001-15-01. All other applicable actions required by paragraph (a)
of AD 2001-15-01 must be fully complied with.
    (i) For Model 737-600, -700, and -800 series airplanes:
Installation of a cover

assembly on the trigger housing of the inflation cylinder on the
escape slides in accordance with Boeing Special Attention Service
Bulletin 737-25-1403, Revision 1, dated November 29, 2001,
terminates the corresponding action required by paragraph (a) of AD
2001-15-01. All other applicable actions required by paragraph (a)
of AD 2001-15-01 must be fully complied with.
    (j) For Model 737-600, -700, and -800 series airplanes:
Modification of the escape slide latch assembly in accordance with
Boeing Service Bulletin 737-25-1404, Revision 1, dated April 18,
2002, terminates the corresponding action required by paragraph (a)
of AD 2001-15-01. All other applicable actions required by paragraph
(a) of AD 2001-15-01 must be fully complied with.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office, FAA,
ATTN: Robert K. Hettman, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>, fax (425)
917-6590; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on February 10, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-2887 Filed 2-14-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]
[Page 70394-70396]
[DOCID:fr20no08-105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58942; File No. SR-BSE-2008-49]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend a Pilot Program That Allows for No Minimum Size Order
Requirement for the Price Improvement Period Process on the Boston
Options Exchange Facility

November 13, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 5, 2008 the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Exchange filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).

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

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

    The Exchange proposes to amend the Supplementary Material to
Section 18 (The Price Improvement Period ``PIP'') of Chapter V of the
Rules of the Boston Options Exchange Group, LLC (``BOX'') to extend a
pilot program that permits BOX to have no minimum size requirement for
orders entered into the PIP and under certain circumstances permits the
premature termination of the PIP process (``PIP Pilot Program''). The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public Reference Room and also on
the Exchange's Internet Web site at http://nasdaqtrader.com/
Trader.aspx?id=Boston_Stock_Exchange.

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
    The purpose of the proposed rule change is to extend the PIP Pilot
Program under the BOX Rules for eight (8) additional months. The PIP
Pilot Program allows BOX to have no minimum size requirement for orders
entered into the PIP process and under certain circumstances permits
the premature termination of the PIP process.\5\ The proposed rule
change reflects change to the text of Supplementary Material .01 to
Section 18 of Chapter V of the BOX Rules and seeks to extend the
operation of the PIP Pilot Program until July 18, 2009. In two places,
BOXR will be replaced with BOX to reflect that BOX is submitting the
data to the U.S. Securities and Exchange Commission (``Commission'').
Although, BOX is submitting the reports, the Exchange notes that it is
also responsible for the timeliness and the accuracy of the
information.
---------------------------------------------------------------------------

    \5\ The Pilot Program is currently set to expire on November 18,
2008. See Securities Exchange Act Release No. 58195 (July 18, 2008),
73 FR 43801 (July 28, 2008) (SR-BSE-2008-39); See also Securities
Exchange Act Release No. 55999 (July 2, 2007), 72 FR 37549 (July 10,
2007) (SR-BSE-2007-27); See also Securities Exchange Act Release No.
54066 (June 29, 2006), 71 FR 38434 (July 6, 2006) (SR-BSE-2006-24);
See also Securities Exchange Act Release No. 52149 (July 28, 2005),
70 FR 44704 (August 3, 2005) (SR-BSE-2005-22); See also Securities
Exchange Act Release No. 49068 (January 13, 2004), 69 FR 2775
(January 20, 2004) (SR-BSE-2002-15) (``Original PIP Pilot Program
Approval Order''). See also Securities Exchange Act Release No.
51821 (June 10, 2005), 70 FR 35143 (June 16, 2005) (SR-BSE-2004-51)
(Order approving, among other things, under certain circumstances
the premature termination of a PIP process).
---------------------------------------------------------------------------

    The Exchange notes that the PIP Pilot Program provides small
customer orders with benefits not available under the rules of some
other exchanges. One of the important factors of the PIP Pilot Program
is that it guarantees Participants the right to trade with their
customer orders that are less than 50 contracts. In particular, any
order entered into the PIP is guaranteed an execution at the end of the
auction at a price at least one penny better than the national best bid
or offer.
    In further support of this proposed rule change, and as required by
the Original PIP Pilot Program Approval Order, BOX has represented to
both BSE and to the Commission that it has been submitting to BSE and
to the Commission a PIP Pilot Program Report, offering detailed data
from, and analysis of, the PIP Pilot Program.
    To aid the Commission in its evaluation of the PIP Pilot Program,
BOX has represented to BSE that BOX will provide the following
additional information each month: (1) The number of orders of 50
contracts or greater entered into the PIP auction; (2) The percentage
of all orders of 50 contracts or greater sent to BOX that are entered
into BOX's PIP auction; (3) The spread in the option, at the time an
order of 50 contracts or greater is submitted to the PIP auction; (4)
Of PIP trades for orders of fewer than 50 contracts, the percentage
done at the National Best Bid or Offer (``NBBO'') plus $.01, plus $.02,
plus $.03, etc.; (5) Of PIP trades for orders of 50 contracts or
greater, the percentage done at the NBBO plus $.01, plus $.02, plus
$.03, etc.; (6) The number of orders submitted by Order Flow Providers
(``OFPs'') when the spread was $.05, $.10, $.15, etc. For each spread,
BOX will specify the percentage of contracts in orders of fewer than 50
contracts submitted to BOX's PIP that were traded by: (a) the OFP that
submitted the order to the PIP; (b) BOX Market Makers assigned to the
class; (c) other BOX Participants; (d) Public Customer Orders
(including Customer PIP Orders (``CPOs'')); and (e) unrelated orders
(orders in standard increments entered during PIP). For each spread,
BOX will also specify the percentage of contracts in orders of 50
contracts or greater submitted to BOX's PIP that were traded by: (a)
The OFP that submitted the order to the PIP; (b) BOX Market Makers
assigned to the class; (c) other BOX Participants; (d) Public Customer
Orders (including CPOs); and (e) unrelated orders (orders in standard
increments entered during PIP); (7) For the first Wednesday of each
month: (a) The total number of PIP auctions on that date; (b) the
number of PIP auctions where the order submitted to the PIP was fewer
than 50 contracts; (c) the number of PIP auctions where the order
submitted to the PIP was 50 contracts or greater; (d) the number of PIP
auctions (for orders of fewer than 50 contracts) with 0 participants
(excluding the initiating participant), 1 participant (excluding the
initiating participant), 2 participants (excluding the initiating
participant), 3 participants (excluding the initiating participant), 4
participants (excluding the initiating participant), etc., and (e) the
number of PIP auctions (for orders of 50 contracts or greater) with 0
participants (excluding the initiating participant), 1 participant
(excluding the initiating participant), 2 participants (excluding the
initiating participant), 3 participants (excluding the initiating
participant), 4 participants (excluding the initiating participant),
etc.; and (8) For the third Wednesday of each month: (a) The total
number of PIP auctions on that date; (b) the number of PIP auctions
where the order submitted to the PIP was fewer than 50 contracts; (c)
the number of PIP auctions where the order submitted to the PIP was 50
contracts or greater; (d) the number of PIP auctions (for orders of
fewer than 50 contracts) with 0 participants (excluding the initiating
participant), 1 participant (excluding the initiating participant), 2
participants (excluding the initiating participant), 3 participants
(excluding the initiating participant), 4 participants (excluding the
initiating participant), etc., and (e) the number of PIP auctions (for
orders of 50 contracts or greater) with 0 participants (excluding the
initiating participant), 1 participant (excluding the initiating
participant), 2 participants (excluding the initiating participant), 3
participants (excluding the initiating participant), 4 participants
(excluding the initiating participant), etc.
2. Basis
    The Exchange believes that the proposal is consistent with the

requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade, to prevent fraudulent and
manipulative acts, 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. The Exchange believes
that the data demonstrates that there is sufficient investor interest
and demand to extend the PIP Pilot Program for an additional eight (8)
months. The Exchange represents that the Pilot Program is designed to
provide investors with real and significant price improvement
regardless of the size of the order.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requests that the
Commission waive the 30-day operative delay, which would make the rule
change operative upon filing. The Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest because such waiver will allow the PIP pilot
program to continue without interruption.\10\ Accordingly, the
Commission designates the proposed rule change operative upon filing
with the Commission.\11\
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    \10\ For purposes only of waiving the 30-day operative delay for
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
    \11\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of the filing of the proposed rule change.
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    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BSE-2008-49 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-BSE-2008-49. 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, 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 will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-BSE-
2008-49 and should be submitted on or before December 11, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-27600 Filed 11-19-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Rules and Regulations]
[Pages 10014-10016]
[FR Doc No: 2014-03762]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8323]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
Part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR Part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain  federal
       State and location             No.        sale of flood             date            assistance no  longer
                                                  insurance in                              available  in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III

Maryland: Baltimore, City of,          240087  December 3, 1971,  April 2, 2014.........  April 2, 2014.
 Independent City.                              Emerg; March 15,
                                                1978, Reg; April
                                                2, 2014, Susp.
Virginia:
    Albemarle County,                  510006  May 9, 1973,       ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                16, 1980, Reg;
                                                April 2, 2014,
                                                Susp.
    Scottsville, Town of,              510007  April 12, 1973,    ......do..............   Do.
     Albemarle and Fluvanna                     Emerg; September
     Counties.                                  5, 1979, Reg;
                                                April 2, 2014,
                                                Susp.

            Region V

Wisconsin:
    Columbia County,                   550581  July 31, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1980, Reg; April
                                                2, 2014, Susp.
    Portage, City of, Columbia         550063  June 11, 1974,     ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1983, Reg;
                                                April 2, 2014,
                                                Susp.

           Region VI

Texas:
    Arcola, City of, Fort Bend         481619  September 26,      ......do..............   Do.
     County.                                    1988, Emerg;
                                                September 26,
                                                1988, Reg; April
                                                2, 2014, Susp.
    Brazos County,                     481195  January 13, 1986,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 2,
                                                1992, Reg; April
                                                2, 2014, Susp.
    Bryan, City of, Brazos             480082  May 2, 1974,       ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg; April
                                                2, 2014, Susp.
    College Station, City of,          480083  August 16, 1974,   ......do..............   Do.
     Brazos County.                             Emerg; July 2,
                                                1981, Reg; April
                                                2, 2014, Susp.
    Fairchilds, Village of,            481675  N/A, Emerg; May    ......do..............   Do.
     Fort Bend County.                          28, 1996, Reg;
                                                April 2, 2014,
                                                Susp.
    First Colony Levee                 481583  December 9, 1982,  ......do..............   Do.
     Improvement District                       Emerg; November
     (L.I.D.), Fort Bend County.                19, 1987, Reg;
                                                April 2, 2014,
                                                Susp.
    Fort Bend County,                  480228  March 19, 1987,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 19,
                                                1987, Reg; April
                                                2, 2014, Susp.
    Fort Bend County L.I.D.            481485  June 27, 1977,     ......do..............   Do.
     2, Fort Bend                      Emerg; February
     County.                                    15, 1985, Reg;
                                                April 2, 2014,
                                                Susp.
    Fort Bend County L.I.D.            481594  September 6,       ......do..............   Do.
     7, Fort Bend                      1985, Emerg;
     County.                                    August 5, 1986,
                                                Reg; April 2,
                                                2014, Susp.
    Fort Bend County Municipal         481272  June 25, 1976,     ......do..............   Do.
     Utility District (M.U.D.)                  Emerg; November
     2, Fort Bend                      15, 1984, Reg;
     County.                                    April 2, 2014,
                                                Susp.
    Fort Bend County M.U.D.            481590  June 11, 1985,     ......do..............   Do.
     23, Fort Bend                     Emerg; August 5,
     County.                                    1986, Reg; April
                                                2, 2014, Susp.
    Fort Bend County M.U.D.            481570  May 29, 1981,      ......do..............   Do.
     25, Fort Bend                     Emerg; February
     County.                                    4, 1987, Reg;
                                                April 2, 2014,
                                                Susp.
    Fort Bend County M.U.D.            481520  September 10,      ......do..............   Do.
     34, Fort Bend                     1984, Emerg;
     County.                                    August 5, 1986,
                                                Reg; April 2,
                                                2014, Susp.
    Fort Bend County M.U.D.            481519  July 20, 1984,     ......do..............   Do.
     35, Fort Bend                     Emerg; August 5,
     County.                                    1986, Reg; April
                                                2, 2014, Susp.
    Fort Bend County M.U.D.            481591  June 27, 1985,     ......do..............   Do.
     41, Fort Bend                     Emerg; August 5,
     County.                                    1986, Reg; April
                                                2, 2014, Susp.
    Fort Bend County M.U.D.            481605  May 11, 1987,      ......do..............   Do.
     42, Fort Bend                     Emerg; May 11,
     County.                                    1987, Reg; April
                                                2, 2014, Susp.
    Fulshear, City of, Fort            481488  April 3, 1981,     ......do..............   Do.
     Bend County.                               Emerg; July 31,
                                                1981, Reg; April
                                                2, 2014, Susp.
    Houston, City of, Fort             480296  September 14,      ......do..............   Do.
     Bend, Harris and                           1973, Emerg;
     Montgomery Counties.                       December 11,
                                                1979, Reg; April
                                                2, 2014, Susp.
    Katy, City of, Fort Bend,          480301  February 13,       ......do..............   Do.
     Harris and Waller Counties.                1975, Emerg;
                                                March 2, 1981,
                                                Reg; April 2,
                                                2014, Susp.
    Kendleton, City of, Fort           481551  N/A, Emerg;        ......do..............   Do.
     Bend County.                               September 15,
                                                2001, Reg; April
                                                2, 2014, Susp.
    Kingsbridge M.U.D., Fort           481567  July 21, 1980,     ......do..............   Do.
     Bend and Harris Counties.                  Emerg; August 5,
                                                1986, Reg; April
                                                2, 2014, Susp.
    Missouri City, City of,            480304  August 29, 1973,   ......do..............   Do.
     Fort Bend and Harris                       Emerg; January
     Counties.                                  6, 1982, Reg;
                                                April 2, 2014,
                                                Susp.
    Needville, City of, Fort           480820  February 8, 1980,  ......do..............   Do.
     Bend County.                               Emerg; July 31,
                                                1981, Reg; April
                                                2, 2014, Susp.
    Pearland, City of,                 480077  December 19,       ......do..............   Do.
     Brazoria, Fort Bend and                    1973, Emerg;
     Harris Counties.                           July 5, 1984,
                                                Reg; April 2,
                                                2014, Susp.
    Pecan Grove M.U.D., Fort           481486  June 27, 1977,     ......do..............   Do.
     Bend County.                               Emerg; August 4,
                                                1987, Reg; April
                                                2, 2014, Susp.
    Pleak, Village of, Fort            481615  May 31, 1988,      ......do..............   Do.
     Bend County.                               Emerg; May 31,
                                                1988, Reg; April
                                                2, 2014, Susp.

    Richmond, City of, Fort            480231  March 31, 1975,    ......do..............   Do.
     Bend County.                               Emerg; January
                                                9, 1987, Reg;
                                                April 2, 2014,
                                                Susp.
    Rosenberg, City of, Fort           480232  July 21, 1975,     ......do..............   Do.
     Bend County.                               Emerg; December
                                                4, 1984, Reg;
                                                April 2, 2014,
                                                Susp.
    Simonton, City of, Fort            481564  March 4, 1980,     ......do..............   Do.
     Bend County.                               Emerg; August 4,
                                                1987, Reg; April
                                                2, 2014, Susp.
    Sugar Land, City of, Fort          480234  March 31, 1975,    ......do..............   Do.
     Bend County.                               Emerg; November
                                                4, 1981, Reg;
                                                April 2, 2014,
                                                Susp.
    Thompsons, Town of, Fort           481642  January 29, 1992,  ......do..............   Do.
     Bend County.                               Emerg; September
                                                30, 1992, Reg;
                                                April 2, 2014,
                                                Susp.
    West Keegans Bayou                 481602  August 18, 1986,   ......do..............   Do.
     Improvement District, Fort                 Emerg; August
     Bend and Harris Counties.                  18, 1986, Reg;
                                                April 2, 2014,
                                                Susp.
    Weston Lakes, City of, Fort        481197  N/A, Emerg; April  ......do..............   Do.
     Bend County.                               28, 2009, Reg;
                                                April 2, 2014,
                                                Susp.
    Willow Fork Drainage               481603  September 8,       ......do..............   Do.
     District, Fort Bend and                    1986, Emerg;
     Harris Counties.                           September 8,
                                                1986, Reg; April
                                                2, 2014, Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: January 27, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2014-03762 Filed 2-21-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61492-61493]
[DOCID:fr05oc10-106]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0464]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Testing Communications on Biological Products

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on communication studies involving biological
products, including vaccines and blood products, that are regulated by
FDA. This information will be used to explore concepts of interest and
assist in the development and modification of communication messages
and campaigns to fulfill the Agency's mission to protect the public
health.

DATES:  Submit either electronic or written comments on the collection
of information by December 6, 2010.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:  Elizabeth Berbakos, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Testing Communications on Biological Products--New

    FDA is authorized by Section 1003(d)(2)(D) of the Federal Food Drug
and Cosmetic Act (21 U.S.C. Section 393(d)(2)(D)) (Attachment 2) to
conduct educational and public information programs relating to the
safety of regulated biological products. FDA must conduct needed
research to ensure that such programs have the highest likelihood of
being effective. FDA expects that improving communications about
biological products including vaccines and blood products will involve
many research methods, including individual in-depth interviews, mall-
intercept interviews, focus groups, self-administered surveys,
gatekeeper reviews, and omnibus telephone surveys.
    The information collected will serve three major purposes. First,
as formative research it will provide critical knowledge needed about
target audiences to develop messages and campaigns about biological
product use. Knowledge of consumer and healthcare professional
decision-making processes will provide the better understanding of
target audiences that FDA needs to design effective communication
strategies, messages, and labels. These communications will aim to
improve public understanding of the risks and benefits of using
biological products including vaccines and blood products by providing
users with a better context in which to place risk information more
completely.
    Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with

their intended audiences. Testing messages with a sample of the target
audience will allow FDA to refine messages while still in the
developmental stage. Respondents will be asked to give their reaction
to the messages in either individual or group settings.
    Third, as evaluative research, it will allow FDA to ascertain the
effectiveness of the messages and the distribution method of these
messages in achieving the objectives of the message campaign.
Evaluation of campaigns is a vital link in continuous improvement of
communications at FDA.
    FDA estimates the burden of this collection of information based on
recent prior experience with the various types of data collection
methods described above:

                                                      Table 1--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          No. of          Annual Frequency       Total Annual          Hours per
                                                        Respondents         per Response           Responses           Response           Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
21 CFR 1003(d)(2)(D)                                            16,448                     1              16,448              0.1739               2,860
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                           16,448                     1              16,448              0.1739               2,860
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs associated with this collection of information.

    Dated: September 30, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-25011 Filed 10-4-10; 8:45 am]
BILLING CODE 4160-01-S