[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Notices]
[Pages 18377-18379]
[FR Doc No: 2018-08724]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83073; File No. SR-NYSEAMER-2018-15]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
NYSE American Options Fee Schedule

April 20, 2018.
    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 April 12, 2018, NYSE American LLC (the ``Exchange'' or
``NYSE American'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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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 the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE American Options Fee
Schedule (``Fee Schedule''). The Exchange proposes to implement the fee
change effective April 12, 2018.\4\ The proposed 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.
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    \4\ The Exchange originally filed to amend the Fee Schedule on
April 2, 2018 (SR-NYSEAmer-2018-12) and withdrew and re-filed on
April 3, 2018 (SR-NYSEAmer-2018-13).
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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 purpose of this filing is to modify the Fee Schedule to adopt a
prepayment incentive program for Floor Broker organizations (each a
``Floor Broker'').
    Currently, Floor Brokers that operate on the Exchange incur certain
monthly fixed costs that rarely change from month-to-month (and, in
some cases, year-to-year). Floor Brokers receive an invoice from the
Exchange each month for the fixed cost incurred the prior month. The
Exchange proposes to offer Floor Brokers a 10% discount on their
``Eligible Fixed Costs'' (described in the table below) if Floor
Brokers prepay such costs for the remaining nine months of 2018--i.e.,
April through December (the ``FB Prepay Program'' or ``Program'').\5\
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    \5\ To participate in the FB Prepay Program, Floor Broker
organizations would have to notify the Exchange in writing by
emailing [email protected], indicating a commitment to submit
prepayment, by no later than April 13, 2018. The email to enroll in
the Program would have to originate from an officer of the Floor
Broker organization and, except as provided for below, represents a
binding commitment through the end of 2018. To participate in the
Program, pre-payment for the balance of the year must be received by
the close of business on April 30, 2018. See proposed Fee Schedule,
Section III.E., Floor Broker Fixed Cost Prepayment Incentive Program
(the ``FB Prepay Program'').

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

------------------------------------------------------------------------
                Eligible Fixed Costs
------------------------------------------------------------------------
Section III.A. Monthly ATP Fees.
Section III.B. Floor Access Fee.
Section IV. Monthly Floor Communication,
 Connectivity, Equipment and Booth or Podia Fees as
 listed below:
  Login.
  Transport Charges.
  Booth Premises.
  Telephone Service.
  Cellular Phones.
  Booth Telephone System--Line Charge.
  Booth Telephone System--Single line phone jack
   and data jack.
  Wire Services.
------------------------------------------------------------------------

    A Floor Broker that commits to the proposed Program would be
invoiced in April 2018 for its estimated Eligible Fixed Costs, through
the end of 2018, less 10%. The estimated Eligible Fixed Costs for April
through December 2018 for each participating Floor Broker would be
based on that Floor Broker's February 2018 invoice for such costs. For
example, if a participating Floor Broker incurred $6,000 in Eligible
Fixed Costs in February 2018, that Floor Broker would be invoiced in
April 2018 in the amount of $48,600 to prepay such costs for the
balance of the year (i.e., $54,000 (to pre-pay Eligible Fixed Costs for
April through December) minus $5,400 (10% discount) equals $48,600).
    The Exchange also proposes to offer participants in the FB Prepay
Program the opportunity to qualify for larger discounts (i.e., more
than 10% of the remaining of 2018 Eligible Fixed Costs) through the
Percentage Growth Incentive (the ``Incentive''), which is designed to
encourage Floor Brokers to increase their average daily volume
(``ADV'') in billable manual contract sides by certain percentages
(correlated with Tiers) as measured against one of two benchmarks.\6\
Specifically, to qualify for the Incentive, a participating Floor
Broker must increase its manual billable ADV in contract sides during
the final nine months of 2018 (i.e., April through December) by
percentages (set forth below) above the greater of:
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    \6\ The Percentage Growth Incentive would exclude Customer
volume, Firm Facilitation trades, and QCCs. Any volume calculated to
achieve the Firm Monthly Fee Cap and the Strategy Execution Fee Cap,
regardless of whether either of these caps is achieved, will
likewise be excluded from the Percentage Growth Incentive because
fees on such volume are already capped and therefore such volume
does not increase billable manual volume. See id.
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    i. 10,000 contract sides in billable manual ADV; or
    ii. The Floor Broker's total billable manual ADV in contract sides
during the second half of 2017--i.e., July through December 2017.
    As proposed, a participating Floor Broker would qualify for the
proposed Incentive by executing, in the final nine months of 2018, ADV
growth in manual billable contract sides that is 30%, 65%, or 100% over
the greater of (i) 10,000 contract sides ADV; or (ii) their ADV during
the second half of 2017 (i.e., June through December). For example, a
Floor Broker that is new to the Exchange (or one that did not execute
at least 10,000 contract sides in billable manual ADV in the second
half of 2017) would have the ability to qualify for the Incentive by
executing at least 10,000 contract sides in manual billable ADV
increased by the specified percentages. Such a Floor Broker would
qualify for each Tier, respectively, by executing billable manual ADV
in contract sides of 13,000 (Tier 1), 16,500 (Tier 2), and 20,000 (Tier
3) during April through December 2018.
    Similarly, a Floor Broker that executed 50,000 billable manual ADV
in the second half of 2017, would qualify

for each Tier, respectively, by executing ADV in contracts sides of
65,000 (Tier 1), 82,500 (Tier 2), and 100,000 (Tier 3) during April
through December 2018.
    The total rebate available for achieving each Tier is the same
regardless of whether the Floor Broker relied on its second half of
2017 volume or the minimum 10,000 ADV contract sides as the benchmark.
As proposed, Floor Brokers that earn the Percentage Growth Incentive
would receive their 2018 rebate in January 2019.\7\
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    \7\ The Exchange would not issue any refunds in the event that a
Floor Broker's prepaid Eligible Fixed Costs exceeds such actual
costs for the nine month period. See id.
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    The Exchange proposes to specify the proposed Incentive on the Fee
Schedule with the following table:

                                        FB Prepayment Program Incentives
                       [Based on ADV in contract sides between April 1-December 31, 2018]
----------------------------------------------------------------------------------------------------------------
                                                                                Total percentage
                                                                                reduction of eligible
                            Tier                                  Percentage growth       fixed costs for April
                                                                incentive  (percent)      through December 2018
                                                                                (percent)
----------------------------------------------------------------------------------------------------------------
Tier 1......................................................                       30                        40
Tier 2......................................................                       65                        75
Tier 3......................................................                      100                   \8\ 100
----------------------------------------------------------------------------------------------------------------

    The Exchange is not proposing any other changes to the Fee Schedule
at this time.
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    \8\ Participants in the FB Prepay Program that qualify for Tier
3 (i.e., increased 2018 volume (from April through December) by 100%
over the Floor Broker's volume from the second half of 2017, or the
10,0000 ADV in contract sides) would be rebated the greater of 100%
of their pre-paid Eligible Fixed Costs, or $10,000/month for April
through December 2018. See id.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\10\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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    The proposal to introduce the FB Prepayment Program is reasonable,
equitable and not unfairly discriminatory for the following reasons.
First, the Program is optional and Floor Brokers can elect to
participate (or elect not to participate). In addition, the Exchange is
offering two alternative means to achieve the same enhanced discount to
ensure that Floor Brokers that are new to the Exchange (or Floor
Brokers that did not execute more than 10,000 ADV in contract sides)
could nonetheless participate in the Program. The Exchange believes
that 10,000 ADV is a reasonable minimum threshold above which a
participating Floor Broker would need to increase volume in order to
realize the proposed Incentive (on a similar playing field with Floor
Brokers that exceeded this volume requirement in 2017). For Floor
Brokers that exceeded the 10,000 ADV in the second half of 2017, the
Exchange believes it is reasonable to use each Floor Broker's
historical volume as a benchmark against which to measure future growth
to achieve the proposed Incentive.
    Moreover, the Exchange notes that prepayment programs such as the
FB Prepay Program are not new or novel as other options exchanges
provide incentives to other specific market participants for prepayment
of certain Exchange fees/costs--including the prepayment program
offered to market makers on the Chicago Board of Options Exchange
(Cboe).\11\ Although the Cboe market maker prepay program applies to
transaction costs as opposed to fixed costs, the Exchange believes the
proposed program would similarly incent Floor Brokers to increase their
billable volume executed in open outcry on the Exchange, which would
benefit all market participants by expanding liquidity and providing
more trading opportunities, even to those market participants that have
not committed to the Program. Regardless of which benchmark a
participating Floor Broker's growth is measured against, all Floor
Broker's [sic] that opt to participate would be required to increase
volume executed on the Exchange in order to receive the enhanced
discount. Thus, the Exchange believes the proposed Program, is
reasonable, equitable and not unfairly discriminatory to others.
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    \11\ See Cboe fee schedule, Liquidity Provider Sliding Scale,
available here, http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed FB
Prepayment Program may increase both inter-market and intra-market
competition by incenting participants to direct their orders to the
Exchange, which would enhance the quality of quoting and may increase
the volume of contracts traded on the Exchange. To the extent that
there is an additional competitive burden on non-Exchange participants,
the Exchange believes that this is appropriate because the proposal
should incent market participants to direct additional order flow to
the Exchange, and thus provide additional liquidity that enhances the
quality of its markets and increases the volume of contracts traded
here. To the extent that this purpose is achieved, all of the
Exchange's market participants should benefit from the improved market
liquidity. Enhanced market quality and increased transaction volume
that results from the anticipated increase in order flow directed to
the Exchange would benefit all market participants and improve
competition on the Exchange.
    Given the robust competition for volume among options markets, many
of which offer the same products, implementing programs to attract
order flow, such as the proposed FB Prepayment Program, are consistent
with the above-mentioned goals of the Act.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider

adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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    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) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEAMER-2018-15 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAMER-2018-15. 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 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-NYSEAMER-2018-15, and should be
submitted on or before May 17, 2018.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08724 Filed 4-25-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57194-57195]
[FR Doc No: 2015-24028]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0114]

Agency Information Collection Activities; Proposed Collection;
Submission for Office of Management and Budget Review; Request for
Samples and Protocols

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October
22, 2015.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0206.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Request for Samples and Protocols--OMB Control Number 0910-0206--
Extension

    Under section 351 of the Public Health Service Act (42 U.S.C. 262),
FDA has the responsibility to issue regulations that prescribe
standards designed to ensure the safety, purity, and potency of
biological products and to ensure that the biologics licenses for such
products are only issued when a product meets the prescribed standards.
Under 21 CFR 610.2, the Center for Biologics Evaluation and Research
(CBER) or the Center for Drugs Evaluation and Research may at any time
require manufacturers of licensed biological products to submit to FDA
samples of any lot along with the protocols showing the results of
applicable tests prior to distributing the lot of the product. In
addition to Sec.  610.2, there are other regulations that require the
submission of samples and protocols for specific licensed biological
products: 21 CFR 660.6 (Antibody to Hepatitis B Surface Antigen); 21
CFR 660.36 (Reagent Red Blood Cells); and 21 CFR 660.46 (Hepatitis B
Surface Antigen).
    Section 660.6(a) provides requirements for the frequency of
submission of samples from each lot of Antibody to Hepatitis B Surface
Antigen product, and Sec.  660.6(b) provides the requirements for the
submission of a protocol containing specific information along with
each required sample. For Sec.  660.6 products subject to official
release by FDA, one sample from each filling of each lot is required to
be submitted along with a protocol consisting of a summary of the
history of manufacture of the product, including all results of each
test for which test results are requested by CBER. After official
release is no longer required, one sample along with a protocol is
required to be submitted at 90-day intervals. In addition, samples,
which must be accompanied by a protocol, may at any time be required to

be submitted to CBER if continued evaluation is deemed necessary.
    Section 660.36(a) requires, after each routine establishment
inspection by FDA, the submission of samples from a lot of final
Reagent Red Blood Cell product along with a protocol containing
specific information. Section 660.36(a)(2) requires that a protocol
contain information including, but not limited to, manufacturing
records, certain test records, and identity test results. Section
660.36(b) requires a copy of the antigenic constitution matrix
specifying the antigens present or absent to be submitted to the CBER
Director at the time of initial distribution of each lot.
    Section 660.46(a) contains requirements as to the frequency of
submission of samples from each lot of Hepatitis B Surface Antigen
product, and Sec.  660.46(b) contains the requirements as to the
submission of a protocol containing specific information along with
each required sample. For Sec.  660.46 products subject to official
release by FDA, one sample from each filling of each lot is required to
be submitted along with a protocol consisting of a summary of the
history of manufacture of the product, including all results of each
test for which test results are requested by CBER. After notification
of official release is received, one sample along with a protocol is
required to be submitted at 90-day intervals. In addition, samples,
which must be accompanied by a protocol, may at any time be required to
be submitted to CBER if continued evaluation is deemed necessary.
    Samples and protocols are required by FDA to help ensure the
safety, purity, or potency of a product because of the potential lot-
to-lot variability of a product produced from living organisms. In
cases of certain biological products (e.g., Albumin, Plasma Protein
Fraction, and therapeutic biological products) that are known to have
lot-to-lot consistency, official lot release is not normally required.
However, submissions of samples and protocols of these products may
still be required for surveillance, licensing, and export purposes, or
in the event that FDA obtains information that the manufacturing
process may not result in consistent quality of the product.
    The following burden estimate is for the protocols required to be
submitted with each sample. The collection of samples is not a
collection of information under 5 CFR 1320.3(h)(2). Respondents to the
collection of information under Sec.  610.2 are manufacturers of
licensed biological products. Respondents to the collection of
information under Sec. Sec.  660.6(b), 660.36(a)(2) and (b), and
660.46(b) are manufacturers of the specific products referenced
previously in this document. The estimated number of respondents for
each regulation is based on the annual number of manufacturers that
submitted samples and protocols for biological products including
submissions for lot release, surveillance, licensing, or export. Based
on information obtained from FDA's database system, approximately 80
manufacturers submitted samples and protocols in fiscal year (FY) 2014,
under the regulations cited previously in this document. FDA estimates
that approximately 76 manufacturers submitted protocols under Sec.
610.2 and 2 manufacturers submitted protocols under the regulation
(Sec.  660.6) for the other specific product. FDA received no
submissions under Sec.  660.36 or Sec.  660.46, however FDA is using
the estimate of one protocol submission under each regulation in the
event that protocols are submitted in the future.
    In the Federal Register of March 27, 2015 (80 FR 16393), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    The estimated total annual responses are based on FDA's final
actions completed in FY 2014 for the various submission requirements of
samples and protocols for the licensed biological products. The average
burden per response is based on information provided by industry. The
burden estimates provided by industry ranged from 1 to 5.5 hours. Under
Sec.  610.2, the average burden per response is based on the average of
these estimates and rounded to 3 hours. Under the remaining
regulations, the average burden per response is based on the higher end
of the estimate (rounded to 5 or 6 hours) since more information is
generally required to be submitted in the other protocols than under
Sec.  610.2. FDA estimates the burden of this information collection as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR Section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
610.2 Lot Release Information                 76           84.54           6,197               3          18,591
 Submission.....................
660.6(b) Lot Release Information               2            9                 18               5              90
 Submission.....................
660.36(a)(2) and (b) Lot Release               1            1                  1               6               6
 Information Submission.........
660.46(b) Lot Release                          1            1                  1               5               5
 Information Submission.........
                                 -------------------------------------------------------------------------------
    Total.......................              80  ..............           6,217  ..............          18,692
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: September 16, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-24028 Filed 9-21-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Rules and Regulations]
[Pages 15-17]
[FR Doc No: 2012-31004]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0999; Directorate Identifier 2012-NM-049-AD;
Amendment 39-17300; AD 2012-26-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A330-200 Freighter series airplanes, Model A330-200 series
airplanes, Model A330-300 series airplanes, Model A340-200 series
airplanes, and Model A340-300 series airplanes. This AD was prompted by
a report of an in-flight turn back after the nose landing gear (NLG)
did not retract after take-off. This AD requires repetitive overhaul of
the NLG retraction actuator. We are issuing this AD to prevent failure
of the retraction actuator, which could cause collapse of the NLG after
touchdown and possible injury to flightcrew and passengers.

DATES: This AD becomes effective February 6, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 6,
2013.

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

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 24, 2012
(77 FR 58789). That NPRM proposed to correct an unsafe condition for
the specified products. The Mandatory Continuing Airworthiness
Information (MCAI) states:

    An A330 aeroplane experienced an in-flight turn back due to
inability to retract the NLG [nose landing gear] after take-off.
    The subsequent technical investigations revealed that the NLG
retraction actuator eye-end fitting was detached from the retraction
actuation rod, that both the eye-end male threads and piston rod
female threads were almost completely stripped, and that there was
evidence of significant corrosion on these parts. Further
investigations have shown that corrosion caused the retraction
actuator eye failure.
    This condition, if not corrected, could lead to NLG collapse
after touchdown, potentially resulting in damage to the aeroplane
and injury to its occupants.
    For the reasons described above, this [European Aviation Safety
Agency (EASA)] AD requires accomplishment of an overhaul of the NLG
retraction actuator. This [EASA] AD also defines the Time Between
Overhaul (TBO) for the NLG retraction actuator to be 10 years.

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

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 58789, September
24, 2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 58789, September 24, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 58789, September 24, 2012).

Costs of Compliance

    We estimate that this AD will affect 65 products of U.S. registry.
We also estimate that it will take about 16 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $88,400 or $1,360 per product.
    Should an operator elect to accomplish an optional replacement
instead, we estimate that any optional replacement action would take
about 16 work-hours and require parts costing $94,000 for a cost of
$95,360 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 58789, September 24,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-26-05 Airbus: Amendment 39-17300. Docket No. FAA-2012-0999;
Directorate Identifier 2012-NM-049-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 6,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category,
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-201, A330-202, A330-203, A330-223, A330-
223F, A330-243, A330-243F, A330-301, A330-302, A330-303, A330-321,
A330-322, A330-323, A330-341, A330-342, and A330-343 airplanes, all
manufacturer serial numbers (MSN).
    (2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, and A340-313 airplanes, all MSN.

(d) Subject

    Air Transport Association (ATA) of America Code 32; Landing
gear.

(e) Reason

    This AD was prompted by a report of an in-flight turn-back after
the nose landing gear (NLG) did not retract after take-off. We are
issuing this AD to prevent failure of the retraction actuator, which
could cause collapse of the NLG after touchdown and possible injury
to flightcrew and passengers.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Actions

    At the applicable compliance time specified in paragraph (g)(1)
or (g)(2) of this AD, whichever occurs later: Do an overhaul of the
NLG retraction actuator, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A330-32-3255,
dated October 13, 2011 (for Model A330 series airplanes); or Airbus
Mandatory Service Bulletin A340-32-4291, dated October 13, 2011 (for
Model A340 series airplanes). Repeat the overhaul thereafter at
intervals not to exceed 10 years.
    (1) Prior to the accumulation of 10 years since the NLG
retraction actuator's first flight on an airplane, or from its first
flight following its last overhaul.
    (2) At the applicable time specified in paragraphs (g)(2)(i) and
(g)(2)(ii) of this AD.
    (i) If, on the effective date of this AD, the NLG retraction
actuator has accumulated more than 8 years, and less than 14 years,
from its first flight on an airplane: Within 24 months after the
effective date of this AD, or prior to the accumulation of 15 years
since the NLG retraction actuator's first flight on an airplane,
whichever occurs first.
    (ii) If, on the effective date of this AD, the NLG retraction
actuator has accumulated 14 years or more since its first flight on
an airplane: Within 12 months after the effective date of this AD.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install on an
airplane any NLG retraction actuator, unless it has been overhauled
in accordance with the requirements of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2012-0034, dated February 29, 2012, and the service
information identified in paragraphs (j)(1) and (j)(2) of this AD,
for related information.
    (1) Airbus Mandatory Service Bulletin A330-32-3255, dated
October 13, 2011.
    (2) Airbus Mandatory Service Bulletin A340-32-4291, dated
October 13, 2011.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A330-32-3255, dated
October 13, 2011.
    (ii) Airbus Mandatory Service Bulletin A340-32-4291, dated
October 13, 2011.
    (3) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 17, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-31004 Filed 12-31-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69728-69730]
[FR Doc No: 2013-27756]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70876; File No. SR-FINRA-2013-048]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend
FINRA Rule 8312 (FINRA BrokerCheck Disclosure) To Expand the Categories
of Civil Judicial Disclosures Permanently Included in BrokerCheck

November 14, 2013.
    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 1, 2013, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by FINRA. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    FINRA is proposing to amend FINRA Rule 8312 (FINRA BrokerCheck
Disclosure) to permanently make publicly available in BrokerCheck
information about former associated persons of a member firm who have
been the subject of an investment-related civil action brought by a
state or foreign financial regulatory authority that has been dismissed
pursuant to a settlement agreement.
    The text of the proposed rule change is available on FINRA's Web
site 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
    FINRA established BrokerCheck in 1988 (then known as the Public
Disclosure Program) to provide the public with information on the
professional background, business practices, and conduct of FINRA
member firms and their associated persons. The information that FINRA
releases to the public through BrokerCheck is derived from the Central
Registration Depository (``CRD[supreg]''), the securities industry
online registration and licensing database. FINRA member firms, their
associated persons and regulators report information to the CRD system
via the uniform registration forms. By making most of this information
publicly available, BrokerCheck, among other things, helps investors
make informed choices about the individuals and firms with which they
conduct business.
    In January 2011, Commission staff released its Study and
Recommendations on Improved Investor Access to Registration Information
About Investment Advisers and Broker-Dealers (``Study''),\3\ in
furtherance of Section 919B of the Dodd-Frank Act.\4\ The Study
contains four recommendations for improving investor access to
registration information through BrokerCheck and the Commission's
Investment Adviser Public Disclosure (``IAPD'') database. In May 2012,
FINRA implemented the Study's three ``near-term'' recommendations.\5\
FINRA is currently working on the Study's ``intermediate-term''
recommendation, which involves analyzing the feasibility and
advisability of expanding the information available through
BrokerCheck, as well as the method and format that BrokerCheck
information is displayed.
---------------------------------------------------------------------------

    \3\ The Study is available online at http://www.sec.gov/news/studies/2011/919bstudy.pdf.
    \4\ Dodd-Frank Wall Street Reform and Consumer Protection Act,
Public Law 111-203, 124 Stat. 1376 (2010).
    \5\ These recommendations are to unify search returns for
BrokerCheck and IAPD, add the ability to search BrokerCheck by ZIP
code, and increase the educational content on BrokerCheck.
---------------------------------------------------------------------------

    In light of the Study's ``intermediate-term'' recommendation and
FINRA's belief that regular evaluation of its BrokerCheck program is an
important part of its statutory obligation to make information
available to the public,\6\

FINRA has initiated a thorough review of BrokerCheck. As part of this
review, FINRA issued Regulatory Notice 12-10 requesting comment on ways
to facilitate and increase investor use of BrokerCheck information. In
addition, FINRA engaged a market research consultant that conducted
focus groups and surveyed investors throughout the country to obtain
their opinions on the BrokerCheck program. Based on the evaluation that
it has conducted to this point, FINRA is proposing to amend FINRA Rule
8312 to permanently make available in BrokerCheck information about
former associated persons of a member firm who have been the subject of
an investment-related civil action brought by a state or foreign
financial regulatory authority that has been dismissed pursuant to a
settlement agreement.\7\
---------------------------------------------------------------------------

    \6\ See Section 15A(i) of the Act. 15 U.S.C. 78o-3(i). Since
establishing BrokerCheck, FINRA has regularly assessed the scope and
utility of the information it provides to the public and, as a
result, has made numerous changes to improve the program.
    \7\ FINRA continues to consider other comments regarding changes
to BrokerCheck that were submitted in response to Regulatory Notice
12-10.
---------------------------------------------------------------------------

    Pursuant to Rule 8312(b)(1), FINRA releases to the public through
BrokerCheck information on current or former members, current
associated persons, and persons who were associated with a member
within the preceding 10 years. Under current Rule 8312(c)(1), FINRA
makes publicly available in BrokerCheck on a permanent basis
information about former associated persons of a member who have not
been associated with a member within the preceding ten years, and (A)
were ever the subject of a final regulatory action, or (B) were
registered on or after August 16, 1999 and were (i) convicted of or
pled guilty or nolo contendere to a crime; (ii) the subject of a civil
injunction in connection with investment-related activity or a civil
court finding of involvement in a violation of any investment-related
statute or regulation (``Civil Judicial Disclosures''); or (iii) named
as a respondent or defendant in an investment-related arbitration or
civil litigation which alleged that the person was involved in a sales
practice violation and which resulted in an arbitration award or civil
judgment against the person.
    The proposed rule change would amend Rule 8312(c)(1)(B)(ii) to
expand the categories of Civil Judicial Disclosures that are
permanently included in BrokerCheck. Specifically, the proposed rule
change would permanently make publicly available in BrokerCheck
information about former associated persons of a member who were
registered on or after August 16, 1999 \8\ and who have been the
subject of an investment-related civil action brought by a state or
foreign financial regulatory authority that was dismissed pursuant to a
settlement agreement, as reported to the CRD system via a uniform
registration form.\9\ This information currently is available in
BrokerCheck for ten years from the date an individual ceases
association with a member. FINRA believes that these settled civil
actions should be available permanently in BrokerCheck because they may
involve significant events or considerable undertakings on the part of
the subject individual. For example, one civil action involving
excessive and undisclosed markups was settled for over $200,000. As
such, the proposed change would provide the public with additional
access to such relevant and important information about formerly
registered persons who, although no longer in the securities industry
in a registered capacity, may work in other investment-related
industries or may seek to attain other positions of trust with
potential investors and about whom investors may wish to learn relevant
information.
---------------------------------------------------------------------------

    \8\ The proposal will apply only to those individuals registered
with FINRA on or after August 16, 1999. Filings for those
individuals whose registrations terminated prior to August 16, 1999
were not made electronically so BrokerCheck reports for such firms
and individuals cannot be made in an automated fashion. Furthermore,
data limitations apply to the information available for some of
those individuals.
    \9\ This information is currently elicited by Question 14H(1)(c)
on Form U4 (Uniform Application for Securities Industry Registration
or Transfer).
---------------------------------------------------------------------------

    FINRA will announce the effective date of the proposed rule change
in a Regulatory Notice to be published no later than 60 days following
Commission approval. The effective date will be no later than 180 days
following publication of the Regulatory Notice announcing Commission
approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ 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 to
permanently make publicly available in BrokerCheck information about
persons formerly associated with a member who have been the subject of
an investment-related civil action brought by a state or foreign
financial regulatory authority that was dismissed pursuant to a
settlement agreement will enhance investor protection by expanding the
time frame for disclosure of this important information to investors
and other users of BrokerCheck. Such formerly registered persons,
although no longer in the securities industry in a registered capacity,
may work in other investment-related industries or may seek to attain
other positions of trust with potential investors. FINRA believes that
it is beneficial to investors to have access to this information on a
permanent basis.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
    FINRA believes that making publicly available on a permanent basis
in BrokerCheck information about former associated persons of a member
firm who have been the subject of an investment-related civil action
brought by a state or foreign financial regulatory authority that was
dismissed pursuant to a settlement agreement will enhance investor
protection. The proposed rule change would provide the public with
additional access to such relevant and important information about
formerly registered persons who, although no longer in the securities
industry in a registered capacity, may work in other investment-related
industries or may seek to attain other positions of trust with
potential investors and about whom investors may wish to learn relevant
information. FINRA does not anticipate that the proposed rule change
will impose any burden or additional costs on member firms. In this
regard, FINRA notes that the proposed rule change will not subject
member firms or their associated persons to any new or additional
uniform registration form reporting requirements. The Form U4 question
that elicits information on the settled civil judicial actions at issue
will remain the same; only the BrokerCheck disclosure period will
change.

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

    The proposed rule change was published for comment by FINRA in
Regulatory Notice 12-10 (February 2012). A copy of the Regulatory
Notice

is attached as Exhibit 2a.\11\ The comment period expired on April 27,
2012. FINRA received 71 comment letters in response to the Regulatory
Notice. A list of the comment letters received in response to the
Regulatory Notice is attached as Exhibit 2b.\12\ Copies of the comment
letters received in response to the Regulatory Notice are attached as
Exhibit 2c.
---------------------------------------------------------------------------

    \11\ The Commission notes that the Exhibits referenced herein
are all attached to the filing itself and not to this notice.
    \12\ All references to the commenters under this Item are to the
commenters as listed in Exhibit 2b.
---------------------------------------------------------------------------

    Ten of the 71 comment letters received addressed the general
expansion of the time frame for providing information through
BrokerCheck.\13\ In general, these comment letters suggested that there
should be no time limits on the inclusion of disclosure events in
BrokerCheck (e.g., information about a bankruptcy is no longer
disclosed through BrokerCheck after 10 years) \14\ and that all
information about associated persons should be included in BrokerCheck
on a permanent basis.\15\ FINRA is not prepared at this time to propose
that all BrokerCheck information should be available on a permanent
basis. FINRA is currently focused on expanding the categories of Civil
Judicial Disclosures to be permanently included in BrokerCheck,
specifically those investment-related civil actions brought by a state
or foreign financial regulatory authority that were dismissed pursuant
to a settlement agreement. FINRA believes that it is important to
permanently include such settlements in BrokerCheck at this time,
because they may involve significant events or considerable
undertakings on the part of the subject individual. The permanent
inclusion of such settlements in BrokerCheck will provide investors
additional access to this important information. As previously
mentioned, FINRA regularly assesses the BrokerCheck program and may
consider the inclusion of additional information in BrokerCheck on a
permanent basis at a later time.
---------------------------------------------------------------------------

    \13\ Letter from Ryan K. Bakhtiari, Public Investors Arbitration
Bar Association, to Marcia E. Asquith, Corporate Secretary, FINRA,
dated March 29, 2012 (``PIABA''); letter from Jeffrey A. Feldman, to
Marcia E. Asquith, Corporate Secretary, FINRA, dated April 1, 2012
(``Feldman''); letter from Herb Pounds, to Marcia E. Asquith,
Corporate Secretary, FINRA, dated April 2, 2012 (``Pounds''); letter
from Terrence P. Cremins, Securities Arbitration Clinic of St.
John's University School of Law, to Marcia E. Asquith, Corporate
Secretary, FINRA, dated April 4, 2012 (``St. John's''); letter from
Ross M. Langill, Regal Bay Investment Group LLC, to Marcia E.
Asquith, Corporate Secretary, FINRA, dated April 5, 2012 (``Regal
Bay''); letter from Philip M. Aidikoff, Aidikoff, Uhl & Bakhtiari,
to Marcia E. Asquith, Corporate Secretary, FINRA, dated April 20,
2012 (``Aidikoff''); letter from Jonathan W. Evans, Jonathan W.
Evans & Associates, to Marcia E. Asquith, Corporate Secretary,
FINRA, dated April 25, 2012 (``Jonathan Evans''); letter from
William A. Jacobson, Cornell University Law School, to Marcia E.
Asquith, Corporate Secretary, FINRA, dated April 26, 2012
(``Cornell''); letter from Jack E. Herstein, North American
Securities Administrators Association, Inc., to Marcia E. Asquith,
Corporate Secretary, FINRA, dated April 27, 2012 (``NASAA''); and
letter from Robert C. Port, Esq., Cohen Goldstein Port & Gottlieb,
LLP, to Marcia E. Asquith, Corporate Secretary, FINRA, dated April
12, 2012 (``Cohen'').
    \14\ See, e.g., NASAA.
    \15\ See, e.g., Cornell.
---------------------------------------------------------------------------

    Four comment letters expressed the view that some types of customer
complaints or ``technical compliance violations'' should be removed
from BrokerCheck after a prescribed period of time.\16\ Although these
comment letters addressed the time frame for disclosure of information
through BrokerCheck, they are outside the scope of the current proposal
because they do not pertain to the time frame for disclosure of the
settled Civil Judicial Disclosures that are the subject of this filing.
---------------------------------------------------------------------------

    \16\ Letter from Steve Klein, Farmers Financial Solutions, LLC,
to Marcia E. Asquith, Corporate Secretary, FINRA, dated April 3,
2012 (``Farmers''); letter from Ira D. Hammerman, Securities
Industry and Financial Markets Association, to Marcia E. Asquith,
Corporate Secretary, FINRA, dated April 5, 2012 (``SIFMA''); letter
from Howard Spindel, Integrated Management Solutions USA LLC, to
Marcia E. Asquith, Corporate Secretary, FINRA, dated April 27, 2012
(``IMS''); and letter from Cliff Kirsch, Sutherland Asbill & Brennan
LLP, to Marcia E. Asquith, Corporate Secretary, FINRA, dated April
27, 2012 (``Sutherland'').
---------------------------------------------------------------------------

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2013-048 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2013-048. 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 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 Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2013-048 and should be
submitted on or before December 11, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-27756 Filed 11-19-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Page 14482]
[FR Doc No: 2018-06803]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3397-EM; Docket ID FEMA-2018-0001]

American Samoa; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency major
declaration for the territory of American Samoa (FEMA-3397-EM), dated
February 11, 2018, and related determinations.

DATES: This amendment was issued March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective February 12, 2018.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-06803 Filed 4-3-18; 8:45 am]
 BILLING CODE 9111-23-P


  SEQ CHAPTER \h \r 1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

	OFFICE OF PREVENTION, PESTICIDES

                                                                                AND TOXIC SUBSTANCES

MEMORANDUM

Date:  		8/18/09

SUBJECT:	Chlorimuron ethyl.  Chronic Aggregate Dietary (Food and Drinking Water) Exposure and Risk Assessment for the Section 3 Registration Action on Field Corn and Soybean.

PC Code:  128901  	DP Barcode:  365815

Decision No.:  400389	Registration No.:  352-436

Petition No.: 8F7430 & 8F7439	Regulatory Action:  Section 3 Registration

Risk Assessment Type:  Dietary 	Case No.:  NA

TXR No.:  NA 	CAS No.:  90982-32-4

MRID No.:  NA 	40 CFR:  180.429

FROM:		W. Cutchin, Acting Senior Branch Scientist

		Alternative Risk Integration and Assessment (ARIA)

		Risk Integration, Minor Use, and Emergency Response Branch (RIMUERB)

		Registration Division (RD; 7505P)

THRU:		Y. Barnes, Chemist

		N. Dodd, Chemist

		Dietary Exposure Science Advisory Council (DESAC)

		Health Effects Division (7509P)

TO:		S. Jackson/B. Madden

		RIMUERB/RD (7505P)

Executive Summary

A chronic dietary risk assessment was conducted using the Dietary Exposure Evaluation Model (DEEM-FCID(, Version 2.03), which uses food consumption data from the USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.  The analysis was performed to support the Section 3 requests to add uses on corn and soybeans.  There is an existing use for chlorimuron ethyl on soybeans; however, the registrant is requesting a use specifically on herbicide resistant varieties.

Acute Dietary Exposure Results and Characterization

No toxicological endpoint attributable to a single dose of chlorimuron-ethyl has been identified; therefore, an acute dietary exposure assessment was not conducted.

Chronic Dietary Exposure Results and Characterization

The unrefined chronic dietary analysis for chlorimuron-ethyl is a conservative estimate of dietary exposure with tolerance level residues and 100% crop treated.  The risk estimate from chronic dietary exposure to chlorimuron-ethyl as represented by the population adjusted dose (PAD) is below HED’s level of concern for the U.S. population and all population subgroups.  The exposure estimate of the general U.S. population is <1% of the chronic PAD (cPAD).  The exposure estimate for the most highly exposed subpopulation, All Infants (< 1 year old), is 1% of the cPAD.

Cancer Dietary Exposure Results and Characterization

Chlorimuron-ethyl is classified as “not likely to be carcinogenic to humans.”  A cancer dietary exposure analysis is not required.

Water Contribution

EFED calculated the chronic surface water Tier I expected environmental concentrations (EEC) for chlorimuron ethyl as 6.99 ppb.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  HED is generally concerned when estimated cancer risk exceeds one in one million. References which discuss chronic risk assessments in more detail are available on the EPA/pesticides web site:  “Available Information on Assessing Exposure from Pesticides, A User’s Guide,” 21-JUN-2000, web link:      HYPERLINK "http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf"  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf  ; or see SOP 99.6 (20-AUG-1999).

The most recent dietary risk assessment for chlorimuron-ethyl was conducted by HED as part of a human health risk assessment (D340291, A. Parmar, 1/6/09).

II.	Food Residue and Percent Crop Treated Information

This chronic assessment was based on the assumption of tolerance-level residues and 100 %CT for all commodities with existing and proposed tolerances.  Tolerances have been established for residues of chlorimuron-ethyl in/on peanuts and soybeans at 0.02 ppm and 0.05 ppm, respectively [40 CFR §180.429].  ARIA is currently recommending tolerances on the following raw agricultural commodities:

Corn, field, grain	0.01 ppm

Corn, field, forage	0.05 ppm

Corn, field, stover	2.0 ppm

Soybean, hay	1.8 ppm

Soybean, forage	0.45 ppm

Soybean, seed	0.05 ppm

Aspirated grain fractions	3.0 ppm

DEEM default processing factors (Version 7.81) were used for cranberry juice (1.1x) and peanut butter (1.89x).  Residues of chlorimuron ethyl are not expected to concentrate in field corn or soybean processed commodities.  At present, residues are not expected in livestock commodities.

III.	Drinking Water Data

An updated drinking water assessment was conducted for the proposed uses on the herbicide tolerant corn and soybeans (D358804, W. Shaughnessy, 6/15/09).  To account for exposure to residues in water under the most conservative scenario, the value of 6.99 ppb (one-in-10-year mean) was used in the dietary exposure assessment.  Water residues were incorporated in the DEEM-FCID into the food categories “water, direct, all sources” and “water, indirect, all sources.”

EFED used the SCI-GROW (Screening Concentration In Ground Water) Model to estimate the EEC of chlorimuron-ethyl residues in ground water.  The EEC reported for chlorimuron-ethyl residues in ground water using SCI-GROW is 6.99 ppb.  EFED used the FIRST (FQPA Index Reservoir Screening Tool) Model to estimate the chronic EEC of chlorimuron-ethyl residues in surface water.  EFED calculated the chronic surface water Tier I estimated EEC’s for chlorimuron-ethyl as 5.02 ppb.

The model and its description are available at the EPA internet site:   HYPERLINK "http://www.epa.gov/oppefed1/models/water/"  http://www.epa.gov/oppefed1/models/water/ .

IV.		DEEM-FCID™ Program and Consumption Information

The chlorimuron-ethyl chronic dietary exposure assessment was conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database DEEM-FCID™, Version 2.03, which incorporates consumption data from USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII), 1994-1996 and 1998.  The 1994-96, 98 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods “as consumed” (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.  Based on analysis of the 1994-96, 98 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

V.		Toxicological Information

The Chlorimuron-ethyl Risk Assessment Team reviewed the most recent endpoints, doses and uncertainty factors selected for risk assessment and concluded that the toxicity endpoints and safety factors are consistent with current policy.  No acute dietary toxicity endpoints were identified; therefore, no risk assessments for acute exposure were performed.  For chronic dietary exposure, a chronic toxicity study in dogs was used to select the dose and endpoint for establishing the cRfD of 0.09 mg/kg/day.  The endpoints and safety factors used for this risk assessment are summarized in Table 1 below.

Table 1.  Toxicological Doses and Endpoints for Chlorimuron-ethyl.

Exposure/

Scenario	Point of Departure	Uncertainty/

FQPA Safety Factors	RfD, PAD, Level of Concern for Risk Assessment	Study and Toxicological Effects

Acute Dietary (General Population, including Infants and Children)	N/A

	N/A

	N/A

	The risk assessment was not conducted. No appropriate endpoint identified.

Acute Dietary

(Females 13-49 years of age)	N/A

	N/A

	N/A

	The risk assessment was not conducted. No appropriate endpoint identified.

Chronic Dietary (All Populations)	NOAEL = 9 mg/kg/day	UFA = 10X

UFH = 10X

FQPA SF = 1X	Chronic RfD = 0.09 mg/kg/day

cPAD = 0.09 mg/kg/day	Chronic toxicity – dogs

LOAEL = 50 mg/kg/day, based on mild anemia.

Cancer (oral, dermal, inhalation)	“Not Likely to be Carcinogenic to Humans.”

Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (interspecies).  UFH = potential variation in sensitivity among members of the human population (intraspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.  N/A = not applicable.

VI.		Results/Discussion

As stated above, for chronic assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID( analyses estimate the dietary exposure of the general U.S. population and various population subgroups.  The results reported in Table 2 are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50+ years old.  The dietary risk estimates in Table 2 are all below 100% of the cPAD.  The most highly exposed subpopulation is All Infants (<1 year old) at 1% of the cPAD.

This analysis is a highly conservative, unrefined dietary exposure assessment.  Further refinement to the analysis could be made through the use of anticipated residues, incorporation of percentages of crops treated with chlorimuron-ethyl, and/or monitoring data that better reflect residues at the time of consumption.  Since risk estimates are well below HED’s level of concern, a more highly refined analysis is not needed at this time.

Table 2.  Summary of Dietary Exposure and Risk for Chlorimuron-ethyl

Population Subgroup	Acute Dietary	Chronic Dietary	Cancer

	Dietary Exposure (mg/kg/day)	% aPAD*	Dietary Exposure

(mg/kg/day)	% cPAD*	Dietary Exposure

(mg/kg/day)	Risk

General U.S. Population	N/A	0.000188	<1	N/A

All Infants (< 1 year old)

0.000570	1

	Children 1-2 years old

0.000310	<1

	Children 3-5 years old

0.000300	<1

	Children 6-12 years old

0.000209	<1

	Youth 13-19 years old

0.000151	<1

	Adults 20-49 years old

0.000170	<1

	Adults 50+ years old

0.000168	<1

	Females 13-49 years old

0.000168	<1

VII.		Conclusions

This highly conservative, unrefined analysis demonstrates that the requested uses for chlorimuron-ethyl will not result in chronic dietary risk estimates that exceed HED’s level of concern for any of the regulated population subgroups, including those comprised of infants and children.  Chlorimuron-ethyl does not have acute or cancer dietary endpoints; therefore, the results of the chronic analysis only are given in the table above.

IX.	List of Attachments

Chronic Food And Drinking Water Residue Input file.

Chronic Results file.

Attachment 1: Chronic And Drinking Water Residue Input File

Filename: G:\chlorimuron\128901.R98                 Chemical: Chlorimuron-ethyl

RfD(Chronic): .09 mg/kg bw/day  NOEL(Chronic): 9 mg/kg bw/day

RfD(Acute): 0 mg/kg bw/day  NOEL(Acute):  0 mg/kg bw/day

Date created/last modified: 08-06-2009/14:11:29/8          Program ver. 2.03

Comment: CPAD = 0.09 mg/kg/day - Tolerance and 100%CT

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

  EPA    Crop                                   Def Res     Adj.Factors   Comment

  Code    Grp  Commodity Name                    (ppm)       #1    #2

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

13020570 13B  Blueberry                          0.020000   1.000  1.000  TOL

13020571 13B  Blueberry-babyfood                 0.020000   1.000  1.000  TOL

15001200 15   Corn, field, flour                 0.010000   1.000  1.000

15001201 15   Corn, field, flour-babyfood        0.010000   1.000  1.000

15001210 15   Corn, field, meal                  0.010000   1.000  1.000

15001211 15   Corn, field, meal-babyfood         0.010000   1.000  1.000

15001220 15   Corn, field, bran                  0.010000   1.000  1.000

15001230 15   Corn, field, starch                0.010000   1.000  1.000

15001231 15   Corn, field, starch-babyfood       0.010000   1.000  1.000

15001240 15   Corn, field, syrup                 0.010000   1.000  1.000

15001241 15   Corn, field, syrup-babyfood        0.010000   1.000  1.000

15001250 15   Corn, field, oil                   0.010000   1.000  1.000

15001251 15   Corn, field, oil-babyfood          0.010000   1.000  1.000

95001300 O    Cranberry                          0.020000   1.000  1.000  TOL

95001301 O    Cranberry-babyfood                 0.020000   1.000  1.000  TOL

95001310 O    Cranberry, dried                   0.020000   1.000  1.000  TOL

95001320 O    Cranberry, juice                   0.020000   1.100  1.000  TOL

95001321 O    Cranberry, juice-babyfood          0.020000   1.100  1.000  TOL

95002630 O    Peanut                             0.020000   1.000  1.000  TOL

95002640 O    Peanut, butter                     0.020000   1.890  1.000  TOL

95002650 O    Peanut, oil                        0.020000   1.000  1.000  TOL

06003470 6    Soybean, seed                      0.050000   1.000  1.000  TOL

06003480 6    Soybean, flour                     0.050000   1.000  1.000  TOL

06003481 6    Soybean, flour-babyfood            0.050000   1.000  1.000  TOL

06003490 6    Soybean, soy milk                  0.050000   1.000  1.000  TOL

06003491 6    Soybean, soy milk-babyfood or in   0.050000   1.000  1.000  TOL

06003500 6    Soybean, oil                       0.050000   1.000  1.000  TOL

06003501 6    Soybean, oil-babyfood              0.050000   1.000  1.000  TOL

86010000 O    Water, direct, all sources         0.006990   1.000  1.000  EEC

86020000 O    Water, indirect, all sources       0.006990   1.000  1.000  EEC

Attachment 2: Chronic Results File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for CHLORIMURON-ETHYL                (1994-98 data)

Residue file name: G:\chlorimuron\128901.R98     Adjustment factor #2 NOT used.

Analysis Date 08-06-2009/14:45:10     Residue file dated: 08-06-2009/14:44:25/8

Reference dose (RfD, Chronic) = .09 mg/kg bw/day

COMMENT 1: CPAD = 0.09 mg/kg/day - Tolerance and 100%CT

======================================================================== =======

                    Total exposure by population subgroup

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

                                                    Total Exposure

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

          Population                         mg/kg             Percent of

           Subgroup                       body wt/day             Rfd

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

U.S. Population (total)                     0.000188                 0.2%

U.S. Population (spring season)             0.000187                 0.2%

U.S. Population (summer season)             0.000199                 0.2%

U.S. Population (autumn season)             0.000183                 0.2%

U.S. Population (winter season)             0.000183                 0.2%

Northeast region                            0.000172                 0.2%

Midwest region                              0.000192                 0.2%

Southern region                             0.000180                 0.2%

Western region                              0.000211                 0.2%

Hispanics                                   0.000210                 0.2%

Non-hispanic whites                         0.000183                 0.2%

Non-hispanic blacks                         0.000183                 0.2%

Non-hisp/non-white/non-black                0.000225                 0.3%

All infants (< 1 year)                      0.000570                 0.6%

Nursing infants                             0.000207                 0.2%

Non-nursing infants                         0.000707                 0.8%

Children 1-6  yrs                           0.000298                 0.3%

Children 7-12 yrs                           0.000199                 0.2%

Females 13-19 (not preg or nursing)         0.000142                 0.2%

Females 20+ (not preg or nursing)           0.000173                 0.2%

Females 13-50 yrs                           0.000176                 0.2%

Females 13+ (preg/not nursing)              0.000178                 0.2%

Females 13+ (nursing)                       0.000239                 0.3%

Males 13-19 yrs                             0.000159                 0.2%

Males 20+ yrs                               0.000164                 0.2%

Seniors 55+                                 0.000167                 0.2%

Children 1-2 yrs                            0.000310                 0.3%

Children 3-5 yrs                            0.000300                 0.3%

Children 6-12 yrs                           0.000209                 0.2%

Youth 13-19 yrs                             0.000151                 0.2%

Adults 20-49 yrs                            0.000170                 0.2%

Adults 50+ yrs                              0.000168                 0.2%

Females 13-49 yrs                           0.000168                 0.2%

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

Chlorimuron-ethyl	Dietary Exposure and Risk Assessment	DP Number: 365815

PC Code:  128901

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________________________________________________________________________ _____________

Page   PAGE  1  of   NUMPAGES  8


From:	"Bob Davis (AMI)"<EMAIL_ADDRESS>
To:	John Schakenbach/DC/USEPA/US@EPA

Cc:	Joe Elkins/RTP/USEPA/US@EPA

Date:	04/02/2008 09:53 AM

Subject:	Additional comments about the PGVP

I just wanted to reiderate the position of Airgas Inc. that we
completely support the Protocol Gas Verification Program as it was
published.   Airgas is the largest producer of EPA protocol gases (over
38,000 per year) and we see no reason to change the program as proposed.
 I you need any further letters or information from me please do not
hesitate to call me at<PHONE_NUMBER>.

Thank you we appreciate the EPA's efforts moving this program along.

Bob Davis


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19954-19956]
[FR Doc No: 2014-07990]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71868; File No. SR-FINRA-2014-016]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Update Rule Cross-References and Make Non-
Substantive Technical Changes to Certain FINRA Rules

April 4, 2014.
    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 March 31, 2014, 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 Act,\3\ which renders the proposal 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.
---------------------------------------------------------------------------

    \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 the
Substance of the Proposed Rule Change

    FINRA is proposing to update cross-references and make other non-
substantive changes within FINRA rules, primarily as the result of
approval of new consolidated FINRA rules.
    The text of the proposed rule change is available on FINRA's Web
site 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
    FINRA is in the process of developing a consolidated rulebook
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive changes in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------

    The proposed rule change would make several such changes, as well
as other non-substantive changes unrelated to the adoption of rules in
the Consolidated FINRA Rulebook.
    First, the proposed rule change would update rule cross-references
to reflect the adoption of new consolidated financial and operational
rules. On November 27, 2013, the SEC approved a proposed rule change to
adopt Incorporated NYSE Rules 296 and 402 as FINRA Rules 4314, 4330 and
4340, with several changes. FINRA also deleted in their entirety the
corresponding NASD Rules 2330 and NASD Interpretive Materials 2330.\5\
The new rules will be implemented on May 1, 2014. As such, the proposed
rule change would update references to the new rule numbers in FINRA
Rules 0150 (Application of Rules to Exempted Securities Except
Municipal Securities), 6630 (Applicability of FINRA Rules to Securities
Previously Designated as PORTAL Securities) and 9810 (Initiation of
Proceeding).
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 70958 (November 27,
2013), 78 FR 72951 (December 4, 2013) (Order Approving File No. SR-
FINRA-2013-035).
---------------------------------------------------------------------------

    Second, the proposed rule change would make technical changes to
FINRA Rule 2111.01 (General Principle) to reflect FINRA Manual style
convention changes.
    Third, FINRA is proposing to make non-substantive changes to FINRA
Rule 6272 (Character of Quotations) to update cross-references
resulting from changes adopted in a FINRA proposed rule change
regarding Firm Quotations.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 63255 (November 5,
2010), 75 FR 69484 (November 12, 2010) (Order Approving File No. SR-
FINRA-2010-049).
---------------------------------------------------------------------------

    Finally, the proposed rule change would also delete from FINRA
Manual the Series heading for NASD Rule 2100 (General Standards) and
IM-2110-1 (Reserved) to reflect that the NASD Rule 2100 Series have
fully been consolidated into the FINRA Rules.\7\
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 67774 (September 4,
2012), 77 FR 55519 (September 10, 2012) (Order Approving File No.
SR-FINRA-2012-025).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the proposed rule change
will be May 1, 2014.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ 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 the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change brings
clarity and consistency to FINRA rules without adding any burden on
firms.

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 Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2014-016 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-2014-016. This
file number should be included on the subject line if email is used. To
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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 Web site viewing and
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personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2014-016 and should be
submitted on or before May 1, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-07990 Filed 4-9-14; 8:45 am]
BILLING CODE 8011-01-P