[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72913-72915]
[FR Doc No: 2012-28044]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0500; Directorate Identifier 2010-SW-014-AD;
Amendment 39-17263; AD 2012-23-07]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Eurocopter Deutschland GmbH (ECD) Model EC135 helicopters, except the
EC 135 P2+ and T2+. This AD requires inspecting each upper and lower
plain journal bearing (bearing) and replacing the swashplate assembly
with an airworthy swashplate assembly if a bearing is not correctly
positioned. This AD was prompted by two reports of the bearings moving
in relation to the main rotor swashplate sliding sleeve (sliding
sleeve). The actions of this AD are intended to detect shifting of the
bearing, which could limit the movement of the collective control and
result in subsequent loss of control of the helicopter.

DATES: This AD is effective January 11, 2013.

ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX
75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://www.eurocopter.com. You may review the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone:<PHONE_NUMBER>) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On May 11, 2012, at 77 FR 27661, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to include an AD that would apply to all Eurocopter Deutschland
GmbH (ECD) model EC135 helicopters, except the EC 135 P2+ and T2+. That
NPRM proposed to require repetitively inspecting the

bearings and replacing the swashplate assembly if a bearing is not
correctly positioned. The NPRM also provided that replacing the
swashplate assembly terminated the proposed inspection requirements.
The proposed requirements were intended to detect shifting of a
bearing, which could limit the movement of the collective control and
result in loss of control of the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued AD No.
2009-0272, dated December 18, 2009 (AD 2009-0272), to correct an unsafe
condition for Eurocopter Model EC 135 and EC 635 helicopters. EASA
advises that during two separate pre-flight checks on Model EC 135
helicopters in 2005, it was detected that one of the bearings of the
sliding sleeve had moved to the outside of the sliding sleeve. EASA
states that this condition, if not detected and corrected, could lead
to a complete shift of the bearing to the inside or outside, creating
the possibility of a limited movement of the collective, which could
result in reduced control of the helicopter.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM (77 FR 27661, May 11,
2012).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral agreement with Germany, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    This AD differs from the EASA AD as follows:
     This AD requires the visual inspection to be performed by
a mechanic, and repeated every 5 hours TIS. The EASA AD allows the
visual inspection to be accomplished by a pilot during a preflight
inspection.
     This AD does not require contacting ECD customer service
for corrective actions.
     This AD provides terminating action for the inspection
requirements for the bearings by replacing the swashplate assembly with
a later-design swashplate assembly, part number L623M2005103.
     The EASA AD applies to ECD model EC635 aircraft, and this
AD does not because the EC635 does not have an FAA issued type-
certificate.

Related Service Information

    We reviewed Eurocopter Alert Service Bulletin (ASB) EC135-62A-021,
dated June 23, 2005 (EC135-62A-021). EC135-62A-021 describes procedures
for visually checking the bearings of the sliding sleeve during
preflight. EASA classified this ASB as mandatory and issued AD 2009-
0272 to ensure the continued airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD will affect 218 helicopters of U.S.
registry and that operators will incur the following costs to comply
with this AD:
     Inspecting the bearings requires about 15 minutes at an
average labor rate of $85 per hour, for a cost per helicopter of about
$22 and a total cost to the U.S. operator fleet of $4,796 per
inspection cycle.
     If required, replacing the swashplate assembly will take
about 8 work hours at an average labor rate of $85 per hour, and
required parts will cost about $38,586, for a total cost per helicopter
of $39,266.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2012-23-07 Eurocopter Deutschland GmbH Helicopters: Amendment 39-
17263; Docket No. FAA-2012-0500; Directorate Identifier 2010-SW-014-
AD.

(a) Applicability

    This AD applies to all Eurocopter Deutschland GmbH (ECD) Model
EC135 helicopters, except EC 135 P2+ and EC135 T2+, with a
swashplate assembly, part number (P/N) L623M2006101, installed,
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as movement of the plain
journal bearings to the outside of the main rotor swashplate sliding
sleeve (sliding sleeve). This condition could limit movement of the
collective and result in subsequent loss of control of the
helicopter.

(c) Effective Date

    This AD becomes effective January 11, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 5 hours time-in-service (TIS), and thereafter at
intervals not to exceed 5 hours TIS:
    (1) Visually inspect the position of the upper plain journal
bearing and determine if it is flush with the sliding sleeve.

    Note to paragraph (e)(1) of this AD: Figure 1 of Eurocopter
Alert Service Bulletin EC135-62A-021, dated June 23, 2005, which is
not incorporated by reference, contains additional information about
the inspection.

    (2) Visually inspect the lower plain journal bearing and
determine if it is recessed 2 millimeters from the sliding sleeve.
    (3) If the upper plain journal bearing is not flush with the
sliding sleeve or the lower plain journal bearing is not recessed 2
mm, before further flight, replace the swashplate assembly with an
airworthy swashplate assembly.
    (4) Replacing the swashplate assembly, P/N L623M2006101, with a
later designed swashplate assembly, P/N L623M2005103, constitutes a
terminating action for the requirements of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Gary Roach, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5110, email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Eurocopter Alert Service Bulletin EC135-62A-021, dated June
23, 2005, which is not incorporated by reference, contains
additional information about the subject of this AD. For service
information identified in this AD, contact American Eurocopter
Corporation, 2701 Forum Drive, Grand Prairie, TX 75053-4005,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://www.eurocopter.com. You may review a copy of the service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency AD 2009-0272, dated December 18, 2009.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6230: Main Rotor
Mast/Swashplate.

    Issued in Fort Worth, Texas, on November 8, 2012.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2012-28044 Filed 12-6-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Notices]
[Page 56226]
[FR Doc No: 2020-20063]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9052-7]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed August 31, 2020, 10 a.m. EST Through September 4, 2020, 10 a.m.
EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200180, Final, FRA, DC, Long Bridge Project, Contact:
David Valenstein<PHONE_NUMBER>.

    Under 23 U.S.C. 139(n)(2), FRA has issued a single document that
consists of a final environmental impact statement and record of
decision. Therefore, the 30-day wait/review period under NEPA does not
apply to this action.

    Dated: September 4, 2020.
Candi Schaedle,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2020-20063 Filed 9-10-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31592-31594]
[FR Doc No: 2022-11062]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94942; File No. SR-FINRA-2022-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend FINRA Rule 13000 Series (Code of
Arbitration Procedure for Industry Disputes) To Align the Code With the
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
of 2021

May 18, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on May 13, 2022, the Financial Industry Regulatory
Authority, Inc. (``FINRA'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by FINRA. FINRA has designated the proposed rule change as constituting
a ``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-
4 under the Exchange Act,\3\ which renders the proposed rule change
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend the Code of Arbitration Procedure for
Industry Disputes (``Code'') to align the Code with the Ending Forced
Arbitration of Sexual Assault and Sexual Harassment Act of 2021
(``Act''). The proposed rule change would also make a conforming
amendment to FINRA Rule 2263.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
Background
    The Act was signed into law on March 3, 2022, and took effect
immediately.\4\ The Act amends Title 9 of the Federal Arbitration Act
\5\ by providing in relevant part:
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    \4\ Ending Forced Arbitration of Sexual Assault and Sexual
Harassment Act of 2021, Public Law 117-90, 136 Stat. 26 (2022). The
Act applies with respect to any dispute or claim that arises or
accrues on or after the date of enactment of the Act.
    \5\ 9 U.S.C. 2.

    Notwithstanding any other provision of this title, at the
election of the person alleging conduct constituting a sexual
harassment dispute or sexual assault dispute, or the named
representative of a class or in a collective action alleging such
conduct, no predispute arbitration agreement or predispute joint-
action waiver shall be valid or enforceable with respect to a case
which is filed under Federal, Tribal, or State law and relates to
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the sexual assault dispute or the sexual harassment dispute.

    The Act prohibits mandatory arbitration of sexual assault and
sexual harassment claims by permitting persons alleging conduct
constituting a sexual assault dispute or sexual harassment dispute to
elect not to enforce predispute arbitration agreements in cases that
relate to those disputes.\6\ However, the Act does not prohibit parties
from agreeing to arbitrate such claims after a dispute has arisen.\7\
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    \6\ The Act also permits persons alleging conduct constituting a
sexual assault dispute or sexual harassment dispute to elect not to
enforce predispute joint-action waivers in cases that relate to
those disputes. The Act defines ``predispute joint-action waiver''
as an agreement that ``would prohibit, or waive the right of, one of
the parties to the agreement to participate in a joint, class, or
collective action in a judicial, arbitral, administrative, or other
forum, concerning a dispute that has not yet arisen at the time of
the making of the agreement.'' See supra note 4. FINRA rules are
consistent with this provision of the Act because FINRA rules
provide that class action and statutory collective action claims may
not be arbitrated under the Code. See FINRA Rule 13204.
    \7\ See H.R. Rep. No. 117-234, at 18 (2022) (``The Committee
states that pursuant to clause 3(c)(4) of House Rule XIII, H.R. 4445
improves access to justice for survivors of sexual assault and
harassment by allowing these parties to elect arbitration after a
dispute has arisen''). The applicability of the Act to an agreement
to arbitrate and the validity and enforceability of an agreement to
which the Act applies shall be determined by a court, rather than an
arbitrator, irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in conjunction
with other terms of the contract containing such agreement, and
irrespective of whether the agreement purports to delegate such
determinations to an arbitrator. See supra note 4.
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    FINRA Rule 13201 relates to the arbitration at FINRA Dispute
Resolution Services' (``DRS'') forum of statutory employment
discrimination claims (``SD claims'').\8\ Specifically, FINRA Rule
13201(a) provides that ``[an SD claim] is not required to be arbitrated
under the Code. Such a claim may be arbitrated only if the parties have
agreed to arbitrate it either before or after the dispute arose.''
Although FINRA rules do not require arbitration of SD claims under the
Code, in practice, employment agreements may require

associated persons to arbitrate such claims.
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    \8\ FINRA Rule 13100(bb) provides that ``[t]he term `statutory
employment discrimination claim' means a claim alleging employment
discrimination, including a sexual harassment claim, in violation of
a statute.'' FINRA rules do not explicitly address the treatment of
sexual assault claims.
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    In light of the changes set forth in the Act, FINRA is proposing
amendments to its rules to align the rules to the Act and make other
conforming changes.\9\
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    \9\ The proposed rule change would apply to all members,
including members that are funding portals or have elected to be
treated as capital acquisition brokers (``CABs''), given that the
funding portal and CAB rule sets incorporate the impacted FINRA
rules by reference.
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Proposed Amendments to FINRA Rule 13100
    FINRA is proposing to amend FINRA Rule 13100 to add definitions of
``sexual assault claim'' and ``sexual harassment claim'' that are
consistent with the definitions of ``sexual assault dispute'' and
``sexual harassment dispute'' in the Act.\10\ Specifically, proposed
FINRA Rule 13100(aa) would provide that ``[t]he term `sexual assault
claim' means a claim involving a nonconsensual sexual act or sexual
contact, as such terms are defined in section 2246 of title 18 of the
United States Code or similar applicable Tribal or State law, including
when the victim lacks capacity to consent.'' In addition, proposed
FINRA Rule 13100(bb) would provide that ``[t]he term `sexual harassment
claim' means a claim relating to conduct that is alleged to constitute
sexual harassment under applicable Federal, Tribal, or State law.''
\11\
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    \10\ Under FINRA Rule 13100(e), ``[t]he term `claim' means an
allegation or request for relief.'' Under FINRA Rule 13100(n),
``[t]he term `dispute' means a dispute, claim or controversy. A
dispute may consist of one or more claims.''
    \11\ The proposed rule change would also remove the reference to
``sexual harassment'' from the definition of SD claim in FINRA Rule
13100(bb). See supra note 8.
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Proposed Amendments to FINRA Rule 13201
    FINRA is proposing to amend FINRA Rule 13201 to align it with the
Act by adding new paragraph (c) to provide that a party alleging a
sexual assault or sexual harassment claim that has agreed to arbitrate
before the dispute arose may elect post dispute not to arbitrate the
claim under the Code.\12\ Proposed paragraph (c) would also provide
that the claim may be arbitrated if the parties agreed to arbitrate it
after the dispute arose. Further, paragraph (c) would provide that
sexual assault and sexual harassment claims would be administered in
the forum under FINRA Rule 13802, which establishes the procedural
requirements for administering SD claims in DRS's arbitration forum
today.\13\
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    \12\ The proposed rule change would also amend the title of
FINRA Rule 13201 to clarify that the rule applies to sexual assault
claims and sexual harassment claims.
    \13\ FINRA Rule 13802 sets forth requirements as to the number
of arbitrators on the panel, the composition of the panel, the
filing fee, the relief available, and the availability of attorneys'
fees. FINRA is proposing to amend FINRA Rule 13802 to add the terms
``sexual assault claim'' and ``sexual harassment claim'' to the
title and throughout the rule to clarify that it also applies to
these types of claims.
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Proposed Amendments to FINRA Rule 13803
    FINRA is proposing amendments to FINRA Rule 13803 to ensure that
sexual assault and sexual harassment claims are administered
consistently with how SD claims are currently administered in DRS's
arbitration forum.\14\ Under the current framework, sexual harassment
and sexual assault claims would be administered under FINRA Rule 13803
to the extent such claims constitute SD claims. The proposed rule
change would add the terms ``sexual assault claim'' and ``sexual
harassment claim'' to the title of FINRA Rule 13803 and throughout the
rule to make explicit that it applies to the coordination of sexual
assault and sexual harassment claims filed in court and other related
claims that may be filed at DRS's arbitration forum.\15\
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    \14\ Under FINRA Rule 13803, if an associated person files an SD
claim in court and asserts related claims in DRS's arbitration
forum, a respondent who is named in both proceedings may bring a
motion to compel the related arbitration claims to the same court
proceeding. If the respondent does so, the respondent must assert
all related claims it has against the associated person in the same
court proceeding. FINRA Rule 13803 also permits the respondent to
compel arbitration of related claims that are subject to mandatory
arbitration. This provision applies where the respondent has not
exercised its option to combine all claims in court.
    \15\ Similarly, FINRA proposes to add the terms ``sexual assault
claim'' and ``sexual harassment claim'' to other rules in the Code
that reference SD claims to ensure that sexual assault and sexual
harassment claims are administered consistently with how SD claims
are currently administered in DRS's arbitration forum. See FINRA
Rules 13402 (Composition of Arbitration Panels in Cases Not
Involving a Statutory Discrimination Claim), 13510 (Depositions);
Part VIII (Simplified Arbitration; Default Proceedings; Statutory
Employment Discrimination Claims; and Injunctive Relief).
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Proposed Amendments to FINRA Rule 2263
    FINRA is proposing a conforming amendment to FINRA Rule 2263 to
incorporate the language in proposed FINRA Rule 13201(c) into the
written statement a member firm must provide to an associated person
regarding the predispute arbitration clause in Form U4. Thus, firms
would be required to disclose to the associated person that a party
alleging a sexual assault or sexual harassment claim that has agreed to
arbitrate before the dispute arose may elect post dispute not to
arbitrate such a claim under the Code, and that such a claim may be
arbitrated if the parties have agreed to arbitrate it after the dispute
arose.
    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the Commission waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing. The operative date will be the date
of the filing of the proposed rule change.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Exchange Act,\16\ which
requires, among other things, that FINRA rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest. FINRA believes that the proposed
rule change serves to align FINRA rules with the Act, which prohibits
mandatory arbitration of sexual assault and sexual harassment claims.
The proposed rule change would create parity between FINRA rules and
the Act as to the circumstances under which sexual assault and sexual
harassment claims may be arbitrated at DRS's forum. The proposed
conforming amendments would also make clear that when such claims are
arbitrated at DRS's forum, they will be processed like SD claims. Thus,
the proposed rule change will enable DRS to continue to administer a
fair dispute resolution forum and meet its investor protection goals in
a manner consistent with the Act.
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    \16\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Exchange Act. The proposed rule
change aligns FINRA rules with other requirements to which firms are
subject and would not have additional economic impacts on firms or
associated persons.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Exchange Act \17\ and
Rule 19b-4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Exchange Act. If the
Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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-FINRA-2022-012 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-FINRA-2022-012. 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 such filing also will be available for inspection
and copying at the principal office of FINRA. 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-FINRA-2022-012 and should be submitted
on or before June 14, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-11062 Filed 5-23-22; 8:45 am]
BILLING CODE 8011-01-P