[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Notices]
[Pages 8907-8908]
[FR Doc No: 2015-03476]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS North America, Inc.: Grant of Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for SGS North America, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
February 19, 2015.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Acting Director, Office of Technical Programs and Coordination
Activities, Directorate of Technical Support and Emergency Management,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>OSHA's Web
page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of SGS North America, Inc. (SGS), as an NRTL. SGS's
expansion covers the addition of nine test standards to its scope of
recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages are
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    SGS submitted three applications, dated March 13, 2014 (OSHA-2006-
0040-0018, Exhibit 14-4--SGS Request for Expansion), May 15, 2014
(OSHA-2006-0040-0019, Exhibit 14-5--SGS Request for Expansion) and May
28, 2014 (OSHA-2006-0040-0016, Exhibit 14-6--SGS Request for
Expansion), to expand its recognition to include nine additional test
standards. OSHA staff performed a detailed analysis of the application
packets and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing SGS's expansion
application in the Federal Register on October 27, 2014 (79 FR 63946).
The Agency requested comments by November 12, 2014, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of SGS's scope of recognition.
    To obtain or review copies of all public documents pertaining to
SGS's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. [OSHA-2006-0040] contains all materials in the record
concerning SGS's recognition.

II. Final Decision and Order

    OSHA staff examined SGS's expansion application, its capability to
meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that SGS
meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant SGS's
scope of recognition expansion. OSHA limits the expansion of SGS's
recognition to testing and certification of products for demonstration
of conformance to the test standards listed in Table 1 below.

 List of Appropriate Test Standards for Inclusion in SGS's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 676............................  Underwater Luminaires and
                                     Submersible Junction Boxes.
UL 1088...........................  Temporary Lighting Strings.
UL 1786...........................  Direct Plug-In Nightlights.
ANSI/AAMI ES60601-1: 2005/(R)2012.  Medical electrical equipment--Part
                                     1: General requirements for basic
                                     safety and essential performance
                                     (with amendments).
FM 3600...........................  Electrical Equipment for Use in
                                     Hazardous (Classified) Locations--
                                     General Requirements.

FM 3610...........................  Intrinsically Safe Apparatus and
                                     Associated Apparatus for Use in
                                     Class I, II, and III, Division 1,
                                     Hazardous (Classified) Locations.
FM 3611...........................  Nonincendive Electrical Equipment
                                     for Use in Class I and II, Division
                                     2, and Class III, Divisions 1 and
                                     2, Hazardous (Classified)
                                     Locations.
NFPA 496..........................  Purged and Pressurized Enclosures
                                     for Electrical Equipment.
UL 783............................  Electric Flashlights and Lanterns
                                     for Use in Hazardous (Classified)
                                     Locations.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
SGS must abide by the following conditions of the recognition:
    1. SGS must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
    2. SGS must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. SGS must continue to meet the requirements for recognition,
including all previously published conditions on SGS's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of SGS, subject to the limitation and conditions
specified above.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on February 13, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-03476 Filed 2-18-15; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12933-12936]
[FR Doc No: 2019-06400]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1067]
RIN 1625-AA00

Safety Zone: Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones on
the navigable waters of the Cape Fear River in Brunswick County and New
Hanover County, North Carolina. These temporary safety zones are
intended to restrict vessel traffic on the Cape Fear River while a
vessel transports and offloads one new Neo-Panamax container crane to
the North Carolina State Port in Wilmington, North Carolina. The first
temporary safety zone will be enforced for one day during vessel
transit from April 1 through April 30, 2019, and the second temporary
safety zone for offload will be enforced for one day within five days
after transit. This action is intended to restrict vessel traffic on
the Cape Fear River to protect mariners and vessels from the hazards
associated with transporting and offloading the assembled container
crane. Entry of vessels or persons into this safety zone is prohibited
unless specifically authorized by the Captain of the Port (COTP) North
Carolina or designated representative.

DATES: This rule is effective without actual notice from April 3, 2019,
through May 5, 2019. For the purposes of enforcement, actual notice
will be used from April 1, 2019, through April 3, 2019.

ADDRESSES: To view documents mentioned in this preamble as being

available in the docket, go to https://www.regulations.gov, type USCG-
2018-1067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Matthew Tyson, Waterways Management Division,
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 910-
772-2221, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On November 14, 2018, the North Carolina State Port Authority
notified the Coast Guard that they will be transporting one pre-
assembled Neo-Panamax container crane up the Cape Fear River to the
North Carolina State Port in Wilmington, North Carolina, and offloading
it. Due to crane preconstruction and vessel travel times, the crane
arrival time was not set. The transit path will be from the Cape Fear
River Entrance Buoy, north through the Cape Fear River to the turning
basin, and ending at the North Carolina State Port in Wilmington, North
Carolina. The planned offload date is two days after transit, but
weather conditions may change the offload date to any day within five
days after transit. The Captain of the Port (COTP) North Carolina has
determined that potential safety hazards associated with transporting
and offloading the container crane would be a concern for anyone
transiting the Cape Fear River. In response, on January 31, 2019, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Cape Fear River, Wilmington, NC (84 FR 619). There, we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to arrival of a new Neo-Panamax container
crane. No comments were received during our comment solicitation period
which ran through March 4, 2019. During the comment period, the North
Carolina State Port Authority requested a new potential vessel arrival
period from April 1 through April 30, 2019, instead of March 20 through
April 15, 2019, as proposed in the NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed protect persons, vessels, and the
marine environment on the navigable waters of the Cape Fear River
during transport and offload of the container crane.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP North Carolina has
determined that potential safety hazards associated with the arrival of
a new Neo-Panamax container crane would be a safety concern for anyone
transiting the Cape Fear River. The purpose of this rule is to protect
persons, vessels, and the marine environment on the Cape Fear River
during transport and offload of the container crane.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
January 31, 2019. There is a minor change in the regulatory text of
this rule from the proposed rule, shifting the vessel's arrival period.
The vessel transporting the container crane will arrive sometime from
April 1 through April 30, 2019, instead of March 20 through April 15,
2019, as proposed in the NPRM. In addition, the term Post-Panamax has
been changed to Neo-Panamax to accurately describe the type of
container crane being delivered.
    This rule establishes a safety zone on a portion of the Cape Fear
River to be enforced during the transit of a vessel transporting one
pre-assembled Neo-Panamax container crane up the Cape Fear River from
April 1 through April 30, 2019, and offloading the container within
five days after transit. The currently scheduled transit date is April
6, 2019, and the currently scheduled offload date is April 8, 2019. The
transport is expected to take between five and seven hours and the
offload is expected to take up to five hours. Exact enforcement times
will be based on tide schedules, anticipated sea conditions, and
weather conditions, therefore the exact enforcement times will be
announced by broadcast to mariners at least two days prior to the
transit. The safety zone for the transit includes all navigable waters
of the Cape Fear River from the International Regulations for
Prevention of Collisions at Sea, 1972 (COLREGS, 72) Demarcation Line
drawn from Oak Island Light House to Bald Head Island Abandon Light
House noted on NOAA chart 11537 and proceeding north up the Cape Fear
River from shore to shore to the Cape Fear Memorial Bridge, a length of
approximately 26 miles. This portion of the safety zone will be
enforced until the vessel transporting the crane has been safely moored
at North Carolina State Port in Wilmington, North Carolina. The safety
zone for the offload will include all navigable waters of the Cape Fear
River within 200 yards of the transport vessel while it is moored. The
duration of this zone is intended to protect persons, vessels, and the
marine environment on the navigable waters of the Cape Fear River
during the transport and offload of the container crane. No vessel or
person will be permitted to enter the safety zone unless specifically
authorized by the Captain of the Port North Carolina or a designated
representative. There will be a pre-designated safety vessel ahead of
the transport vessel to monitor the flow of traffic and inform mariners
that the container crane transit is in progress. Vessels that are less
than 40 feet in height and will not impede the transport vessel may
request permission to pass through the safety zone or remain in place
as the transport vessel passes. The Fort Fisher and Bald Head ferries
will be able to operate on their normal schedule as long as the
scheduled transit will not come within one mile of the transport vessel
and they receive permission from the Captain of the Port North Carolina
or a designated representative. The strict height restriction of 40
feet is required because portions of the transported crane extend over
the water on both sides of the transport vessel.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has

not been reviewed by the Office of Management and Budget (OMB), and
pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will not be
allowed to enter or transit portions of the Cape Fear River for 2 non-
consecutive days from April 1 through May 5, 2019. Vessel traffic will
not be allowed to enter or transit a portion of the Cape Fear River for
approximately five to seven hours during the transit of the transport
vessel, and for up to five hours during the offload after the transit.
The Coast Guard will issue a Local Notice to Mariners and transmit a
Broadcast Notice to Mariners via VHF-FM marine channel 16 regarding the
safety zone. This portion of the Cape Fear River has been determined to
be a high traffic area. This rule allows vessels to request permission
to pass through the moving safety zone or remain in place as long as
they are under the height restriction of 40 feet.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting five to seven hours on all navigable waters of
the Cape Fear River from the International Regulations for Prevention
of Collisions at Sea, 1972 (COLREGS, 72) Demarcation Line drawn from
Oak Island Light House to Bald Head Island Abandon Light House noted on
NOAA chart 11537 and proceeding north up the Cape Fear River from shore
to shore to the Cape Fear Memorial Bridge, a length of approximately 26
miles, and a safety zone lasting up to five hours that would prohibit
entry within 200 yards of a moored vessel. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-1067 to read as follows:

Sec.  165.T05-1067  Safety Zone; Cape Fear River, Brunswick County and
New Hanover County, NC.

    (a) Location. The following areas are safety zones:
    (1) Safety zone 1. All navigable waters of the Cape Fear River from
the International Regulations for Prevention of Collisions at Sea, 1972
(COLREGS, 72) Demarcation Line drawn from Oak Island Light House to
Bald Head Island Abandon Light House noted on NOAA chart 11537 and
proceeding north up the Cape Fear River from shore to shore to the Cape
Fear Memorial Bridge, in Brunswick County and New Hanover County, NC;
    (2) Safety zone 2. Waters of the Cape Fear River within 200 yards
around the vessel transporting the new Neo-Panamax container crane to
the North Carolina State Port Authority in Wilmington, North Carolina,
while the vessel is moored at the North Carolina State Port in
Wilmington, North Carolina.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
    Participants means persons and vessels involved in support of the
container crane transport and offload.
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23 apply to the areas described in paragraph (a) of this
section.
    (2) With the exception of participants, entry into or remaining in
these safety zones is prohibited unless authorized by the COTP North
Carolina or the COTP North Carolina's designated representative. All
other vessels must depart the zone immediately.
    (3) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina at telephone number<PHONE_NUMBER>.
    (4) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement periods. This regulation will be enforced for:
    (1) Zone 1 during vessel transit. Vessel transit is anticipated to
take one day and will occur from April 1 through April 30, 2019;
    (2) Zone 2 during offload of the Neo-Panamax container crane.
Offload will take one day and will occur within five days after vessel
transit is complete.
    (f) Public notification. The Coast Guard will notify the public of
the active enforcement times at least 48 hours in advance by
transmitting Broadcast Notice to Mariners via VHF-FM marine channel 16.

    Dated: March 28, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2019-06400 Filed 4-2-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Proposed Rules]
[Pages 57150-57153]
[FR Doc No: 2022-20090]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1165; Project Identifier MCAI-2022-00700-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-12-11, which applies to all Airbus SAS Model A319-111, -112, -113,
-114, -115, -151N, and -153N airplanes; Model A320-251N, -252N, -253N,
-271N, -272N, and -273N airplanes; and Model A321-251N, -251NX, -252N,
-252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. AD
2020-12-11 requires revising the airplane flight manual (AFM) and
applicable corresponding operational procedures to limit the use of
speed brakes in certain airplane configurations, as specified in a
European Union Aviation Safety Agency (EASA) AD. This AD was prompted
by a determination that, for certain airplanes, updated flight guidance
(FG) 3G standard software for the flight management and guidance
computer (FMGC) has been developed to address the unsafe condition.
This proposed AD would continue to require the actions in AD 2020-12-11
and would require, for certain airplanes, installing updated FG 3G
standard software, and would prohibit the installation of affected FG
standards, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 3,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. The mandatory continuing airworthiness
information (MCAI) is also available in the AD docket at
regulations.gov by searching for and locating Docket No. FAA-2022-1165.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1165; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the MCAI, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1165; Project Identifier
MCAI-2022-00700-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone<PHONE_NUMBER>; email [email protected].
    Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA issued AD 2020-12-11, Amendment 39-19920 (85 FR 41177, July
9, 2020) (AD 2020-12-11), for all Airbus SAS Model A319-111, -112, -
113, -114, -115, -151N, and -153N airplanes; Model A320-251N, -252N, -
253N, -271N, -272N, and -273N airplanes; and Model A321-251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes. AD 2020-12-11 requires revising the AFM and applicable
corresponding operational procedures to limit the use of speed brakes
in certain airplane configurations. The FAA issued AD 2020-12-11 to
address certain airplane configurations, which could result in auto-
pilot disconnection and high angle-of-attack, and consequent increased
workload for the flightcrew during a critical phase of flight and
possible loss of control of the airplane.

Actions Since AD 2020-12-11 Was Issued

    Since the FAA issued AD 2020-12-11, for certain airplanes, updated
FG 3G standard software for the FMGC has been developed to address the
unsafe condition.
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0096, dated May 31, 2022 (EASA
AD 2022-0096) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A319-111, -112, -113, -114, -115, -
151N, and -153N airplanes; Model A320-251N, -252N, -253N, -271N, -272N,
and -273N airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N,
-253NX, -271N, -271NX, -272N, and -272NX airplanes.
    This proposed AD was prompted by a report of a non-stabilized
approach followed by an automatic go-around, which led to an airplane
pitch-up attitude and resulted in an auto-pilot disconnection; and a
determination that, for certain airplanes, updated FG 3G standard
software for the FMGC has been developed. The FAA is proposing this AD
to address certain airplane configurations that could result in auto-
pilot disconnection and high angle-of-attack, and consequent increased
workload for the flightcrew during a critical phase of flight and
possible loss of control of the airplane. See the MCAI for additional
background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2020-12-11, this proposed AD would retain all of the
requirements of AD 2020-12-11. Those requirements are referenced in
EASA AD 2022-0096, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0096 specifies procedures for revising the AFM to
limit the use of speed brakes in certain landing conditions, and for
certain airplanes, updating the FG 3G standard software for the FMGC
and prohibiting the installation of affected FG standards.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2020-
12-11. This proposed AD would require accomplishing the actions
specified in EASA AD 2022-0096 described previously.
    EASA AD 2022-0096 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD does not specifically require
those actions as those actions are already required by FAA regulations.
FAA regulations require that operators furnish to pilots any changes to
the AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a civil
aircraft must comply with the operating limitations specified in the
AFM. Therefore, including a requirement in this proposed AD to operate
the airplane according to the revised AFM would be redundant and
unnecessary.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0096 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0096 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0096 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0096. Service information required by EASA AD 2022-0096 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2022-1165 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 693 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                Labor cost          Parts cost       Cost per  product         operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020- 1 work-hour x     $0.................  $85...............  $58,905.
 12-11.                         $85 per hour =
                                $85.
Software update..............  Up to 5 work-     Up to $570.........  Up to $995........  Up to $689,535.
                                hours x $85 per
                                hour = $425.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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:
0
a. Removing Airworthiness Directive (AD) 2020-12-11, Amendment 39-19920
(85 FR 41177, July 9, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1165; Project Identifier MCAI-2022-
00700-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 3, 2022.

(b) Affected ADs

    This AD replaces AD 2020-12-11, Amendment 39-19920 (85 FR 41177,
July 9, 2020).

(c) Applicability

    This AD applies to all Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
    (1) Model A319-111, -112, -113, -114, -115, -151N, and -153N
airplanes.
    (2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
    (3) Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
271N, -271NX, -272N, and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by a report of a non-stabilized approach
followed by an automatic go-around, which led to an airplane pitch-
up attitude and resulted in an auto-pilot disconnection; and a
determination that, for certain airplanes, updated flight guidance
(FG) 3G standard software for the flight management and guidance
computer (FMGC) is necessary. The FAA is issuing this AD to address
certain airplane configurations that could result in auto-pilot
disconnection and high angle-of-attack, and consequent increased
workload for the flightcrew during a critical phase of flight and
possible loss of control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0096, dated May 31, 2022 (EASA AD 2022-0096).

(h) Exceptions to EASA AD 2022-0096

    (1) Where EASA AD 2022-0096 refers to ``the effective date of
EASA AD 2020-0118,'' this AD requires using July 24, 2020 (the
effective date of AD 2020-12-11).
    (2) Where EASA AD 2022-0096 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2022-0096 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
    (4) The ``Remarks'' section of EASA AD 2022-0096 does not apply
to this AD.

(i) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted

methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the
procedures and tests identified as RC can be done and the airplane
can be put back in an airworthy condition. Any substitutions or
changes to procedures or tests identified as RC require approval of
an AMOC.

(j) Related Information

    (1) For EASA AD 2022-0096, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
This material may be found in the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1165.
    (2) For more information about this AD, contact Manuel
Hernandez, Aerospace Engineer, Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

    Issued on September 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20090 Filed 9-16-22; 8:45 am]
BILLING CODE 4910-13-P


Attachment F

THE OFFICE OF PERSONNEL MANAGEMENT

DEVELOPMENT OF QUALIFICATION STANDARDS

RestrictionS

Any mandatory academic degrees, course work, or positive education requirements must comply with section 3308 of title 5, United States Code.

      This law stipulates that:

No minimum educational requirement may be prescribed for an examination for the competitive service except when the Office of Personnel Management (OPM) determines that the duties of a scientific, technical, or professional position cannot be performed by a person who does not have a prescribed minimum education.  This restriction applies to formal education at all levels.

OPM establishes minimum education requirements when the knowledge, skills, competencies, and abilities requisite for the position can be acquired only through successful completion of formal schooling.

     If a required knowledge, skill, competency, or ability can be obtained through

     work experience alone, the lack of college education cannot be used to

     disqualify applicants.

Government-wide Job Analysis.  OPM will need to conduct an in-depth job analysis prior to making a decision about whether minimum educational requirements are justified for this occupational series.  The job analysis is contingent upon the availability of funds.

Public Notice in the Federal Register.   If minimum educational requirements are justified for this occupation, public notice in the Federal Register is required for the proposed change, comment period, and issuance of the final standard.

Information Required

Submission of required information and documentation.  Agencies should submit the following documents or information to the U.S. Office of Personnel Management:

The approximate number of jobs in the agency that would be covered by the proposed, new qualification standard.  Include grades, organizations, and geographical locations.

The required knowledge, skills, competencies, and abilities that are lacking in current applicants.

The specific deficiencies in the performance of current employees who were hired under the existing qualification requirements.

An explanation as to why the current qualification requirements do not adequately meet the qualification needs of the agencies.

A list of all agencies that have similar positions and would therefore, need similar qualification requirements.

Identification of all pertinent professional organizations and societies that have an interest in this occupation.

 Documentation from agencies that include position descriptions, agency studies (if applicable), and other supporting information.

Process for Revising Qualification Standards

After receipt of all required information, OPM will make a determination if a new or revised qualification standard is needed.  If so, the next steps are:

Members of the Human Resources Community at affected agencies are identified and contacted to work in collaboration with OPM.

OPM conducts a job analysis of this occupation.

OPM develops a draft standard which is sent to all Human Resources Directors for review and comment.

After the comment period, OPM reviews the agencies’ comments/edits and revises the draft standard as necessary.

If the job analysis justifies minimum educational requirements, a proposal is developed for inclusion in the Federal Register for public comment.

After the comment period for the Federal Register ends, public comments are reviewed and the draft is revised as necessary.

The revised standard is prepared in a final version for clearance and approval.

TIMELINES FOR DEVELOPMENT OF QUALIFICATION STANDARDS

Job Analysis/Survey of Occupation

	12 Months

Approval Process for Draft Standard

	4 Months

Approval Process for Publication in the Federal Registrar

	12 Months

Publication in the Federal Registrar

 	2 Months

Approval Process for Issuance of Final Standard

	3 Months

 PAGE

 PAGE   1


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Pages 21981-21982]
[FR Doc No: 2013-08603]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69338; File No. SR-CBOE-2013-019]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving a Proposed Rule Change Relating to
Market-Maker Continuous Quoting Obligations

April 8, 2013.

I. Introduction

    On February 4, 2013, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend CBOE's rules relating to
Market-Maker \3\ continuous quoting obligations. The proposed rule
change was published for comment in the Federal Register on February
22, 2013.\4\ The Commission did not receive any comment letters
regarding the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ CBOE Rule 8.1 defines ``Market-Maker'' as ``an individual
Trading Permit Holder [(``TPH'')] or a TPH organization that is
registered with the Exchange for the purpose of making transactions
as dealer-specialist on the Exchange.''
    \4\ See Securities Exchange Act Release No. 68944 (February 15,
2013), 78 FR 12377 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend its rules to exclude intra-day add-
on series (``Intra-day Adds'') from Market-Makers' continuous quoting
obligations on the day during which such series are added for
trading.\5\ In addition, the Exchange proposes to permit Preferred
Market-Makers (``PMMs''),\6\ Lead Market-Makers (``LMMs''),\7\ DPMs,\8\
and Electronic DPMs (``e-DPMs'') \9\ (Market-Makers, PMMs, LMMs, DPMs,
and e-DPMs are collectively referred to as ``Market-Makers'' unless the
context provides otherwise) to receive participation entitlements in
all Intra-day Adds on the day during which such series are added for
trading provided that the Market-Maker meets all other requirements to
receive a participation entitlement set forth in the applicable
rules.\10\
---------------------------------------------------------------------------

    \5\ See id. at 12377. According to the Exchange, Intra-day Adds
are series that are added to the Exchange system after the opening
of the Exchange, rather than prior to the beginning of trading. See
id.
    \6\ CBOE Rule 8.13 defines ``Preferred Market Maker'' as a
Market-Maker designated by a TPH to receive that TPH's orders in a
specific class.
    \7\ CBOE Rule 8.15A defines ``Lead Market-Maker'' as a Market-
Maker in good standing appointed by the Exchange in an option class
for which a Designated Primary Market-Maker (``DPM'') has not been
appointed.
    \8\ CBOE Rule 8.80 defines ``Designated Primary Market-Maker''
as a ``TPH organization that is approved by the Exchange to function
in allocated securities as a Market-Maker (as defined in Rule 8.1)
and is subject to the obligations under Rule 8.85.''
    \9\ CBOE Rule 8.92 defines ``Electronic DPM'' as ``a TPH
organization that is approved by the Exchange to remotely function
in allocated option classes as a DPM and to fulfill certain
obligations required of DPMs except for Floor Broker and Order Book
Official obligations.''
    \10\ See Notice, supra note 4, 78 FR at 12377.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\11\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\12\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of

trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \11\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    According to CBOE, several Market-Makers have communicated to the
Exchange that their trading systems do not automatically produce
continuous quotes in Intra-day Adds on the trading day during which
those series are added and that the only way they could quote in these
series on the trading day during which they were added would be to shut
down and restart their systems.\13\ Further, the Exchange states that
Market-Makers have indicated that the work that would be required to
modify their systems to permit quoting in Intra-day Adds would be
significant and costly.\14\ In addition, the Exchange indicates that
Intra-day Adds represent only approximately 0.0046% of the average
number of series listed on the Exchange each trading day, and that
Market-Makers will still be obligated to provide continuous two-sided
markets in a substantial number of series in their appointed
classes.\15\
---------------------------------------------------------------------------

    \13\ See Notice, supra note 4, 78 FR at 12378.
    \14\ See id.
    \15\ See id. at 12379.
---------------------------------------------------------------------------

    In addition, the Exchange intends to implement changes to
continuous quoting obligations. The Exchange represents that given the
pending heightened quoting obligations and the considerable costs that
would otherwise be involved for Market-Makers to adjust their systems
to quote Intra-day Adds on the trading day during which they are
listed, several PMMs have informed the Exchange that they intend to
withdraw from the PMM program, while other Market-Makers have requested
that the Exchange suspend their pending applications to join the PMM
program.
    The Exchange believes that it would be impracticable, particularly
given that a number of Market-Makers use their systems to quote on
multiple markets and not solely on the Exchange, for Market-Makers to
turn off their entire systems to accommodate quoting in Intra-day Adds
on the day during which those series are added on the Exchange. In
addition, the Exchange believes this would interfere with the
continuity of its market and reduce liquidity, which would ultimately
harm investors and contradicts the purpose of the Market-Maker
continuous quoting obligations.
    The Exchange does not believe that the proposed rule change would
adversely affect the quality of the Exchange's markets or lead to a
material decrease in liquidity. Rather, the Exchange believes that its
current market structure, with its high rate of participation by
Market-Makers, permits the proposed rule change without fear of losing
liquidity. The Exchange also believes that market-making activity and
liquidity could materially decrease without the proposed rule change to
exclude Intra-day Adds from Market-Maker continuous quoting obligations
on the trading day during which they are added for trading.
    The Exchange believes that this proposed relief will encourage
Market-Makers to continue appointments and other TPHs to request
Market-Maker appointments, and, as a result, expand liquidity in
options classes listed on the Exchange to the benefit of the Exchange
and its TPHs and public customers. The Exchange believes that its
Market-Makers would be disadvantaged without this proposed relief, and
other TPHs and public customers would also be disadvantaged if Market-
Makers withdrew from appointments in options classes, resulting in
reduced liquidity and volume in these classes.
    In addition, the Exchange believes that the proposed rule change to
clarify that Market-Makers may receive participation entitlements in
Intraday Adds on the day during which such series are added for trading
if it satisfies the other entitlement requirements as set forth in
Exchange rules, even if the rules do not require the Market-Makers to
continuously quote in those series, will incentivize Market-Makers to
quote in series in which they are not required to quote, which may
increase liquidity in their appointed classes.
    The Exchange's proposal to exclude Intra-day Adds from Market-
Makers' continuous electronic quoting obligations on the day during
which such series are added for trading would not affect Market-Makers'
other obligations. For example, Market-Makers will still be required to
engage in activities that constitute a course of dealings reasonably
calculated to contribute to the maintenance of a fair and orderly
market,\16\ including (1) to compete with other Market-Makers to
improve markets in all series of options classes comprising their
appointments; (2) to make markets that, absent changed market
conditions, will be honored in accordance with firm quote rules; and
(3) to update market quotations in response to changed market
conditions in their appointed options classes and to assure that any
market quote it causes to be disseminated is accurate.\17\ In addition,
the proposed rule change would not excuse a Market-Maker from its
obligation to submit a single quote or to maintain continuous quotes in
one or more series of a class to which the Market-Maker is appointed
when called upon by an Exchange official if, in the judgment of such
official, it is necessary to do so in the interest of maintaining a
fair and orderly market.\18\
---------------------------------------------------------------------------

    \16\ See CBOE Rule 8.7(a).
    \17\ See CBOE Rule 8.7(b).
    \18\ See CBOE Rule 8.7(d)(iv).
---------------------------------------------------------------------------

    The Commission notes that the Exchange believes that Market-Makers
would be required to shut down and restart their systems, or make
costly systems changes, in order to quote in Intra-day Adds. A
requirement for Market-Makers to maintain continuous electronic quotes
in Intra-day Adds, which represents a minor part of Market-Makers'
overall obligations, may not justify the system resources, or the
disruption to trading, the Exchange states would be necessary to
accommodate quoting in Intra-day Adds. Accordingly, the Commission
believes that the Exchange's proposal concerning Intra-day Adds would
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-CBOE-2013-019) is approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08603 Filed 4-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Notices]
[Pages 24560-24561]
[FR Doc No: 2011-10529]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-18]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 23, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
0342 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Frances Shaver, ARM-200, (202) 267-
4059, FAA, Office of Rulemaking, 800 Independence Ave, SW., Washington,
DC 20591. This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 27, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-0342.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: Sec.  91.609.
    Description of Relief Sought: Boeing requests relief to allow
Boeing to operate certain ``N'' registered airplanes that do not meet
specific flight data recorder and cockpit voice recorder requirements
on certain types of flights required to support production, delivery,
and marketing.

[FR Doc. 2011-10529 Filed 4-29-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Rules and Regulations]
[Page 13756-13758]
[DOCID:fr14mr08-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0061]
RIN 1625-AA11

Regulated Navigation Areas: Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) on the waters of the Cape Fear River, Wilmington, NC. This action
is necessary to minimize the potential risk of allision to the USS
NORTH CAROLINA, a United States Navy submarine, while moored at the
North Carolina State Port, Wilmington, NC. This rule will enhance the
safety of vessels transiting this area of the Cape Fear River during
the period of reduced horizontal clearance.

DATES: This rule is effective from 8 a.m. on April 25, 2008, through 8
p.m. on May 7, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0061 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
rule, phone CWO4 Stephen Lyons, Waterways Management Division Chief,
Sector North Carolina, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The USS NORTH CAROLINA will be moored in the Cape Fear
River, Wilmington, North Carolina for an official United States Navy
commissioning ceremony. As the ceremony is a military function within
the meaning of 5 U.S.C. 553(a)(1), the Coast Guard will not conduct a
notice and comment period for this temporary final rule.

Background and Purpose

    The USS NORTH CAROLINA, a United States Navy submarine, will be
moored at the port in Wilmington, North Carolina Cape Fear River, in
preparation for the Navy's commissioning ceremony of the submarine.
This rule provides for the safety and security of a U.S. Navy submarine
and vessels transiting past it while it is moored in close proximity to
the shipping channel at the North Carolina State Port, Wilmington, NC.
This action is necessary to protect the USS NORTH CAROLINA and prevent
vessels 300 gross tons or more and all tugs and tows with a combined
tonnage of 300 gross tons or more from alliding with the submarine due
to a loss of steering or propulsion, other mechanical failure, or human
error.

Discussion of Rule

    The RNA will encompass the waters of the Cape Fear River from 1
nautical mile south of the North Carolina State Port, Wilmington, NC,
to 1 nautical mile north of the North Carolina State Port, Wilmington,
NC. Each operator of a vessel of 300 gross tons or more or a tug and
tow with a combined tonnage of 300 gross tons or more that intends to
enter the RNA shall:
    (i) Ensure they have sufficient propulsion and directional control
to safely navigate the RNA under prevailing conditions,
    (ii) Make the necessary arrangements and be escorted through the
RNA by a tug with sufficient horsepower to arrest and control their
vessel or tug and tow in the event of a steering, propulsion, or other
casualty,
    (iii) Ensure they do not meet or overtake any other vessel of 300
gross tons or more or a tug and tow with a combined tonnage of 300
gross tons or more in the RNA, and
    (iv) Obtain authorization from the Captain of the Port, Cape Fear
River. To seek permission to transit the area, the Captain of the Port,
Cape Fear River can be contacted via Sector North Carolina at telephone
number<PHONE_NUMBER>. If permission is granted, all persons and
vessels must comply with the instructions of the Captain of the Port,
Cape Fear River and proceed at the minimum speed necessary to maintain
a safe course while transiting the RNA.
    The Captain of the Port, Cape Fear River by the direction of the
District Commander, may grant waivers upon request, and authorize a
deviation from any part of this regulation if it is found that the
proposed operation can be done safely. A request for a wavier and or
deviation must be submitted in writing and received not less than 24
hours before the intended operation and must state specifically why
this action is necessary.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The limited amount of time this RNA will
be in place and the need to protect the public while the USS NORTH
CAROLINA is moored in the Cape Fear River prompts the Coast Guard to
promulgate this temporary final rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    The Coast Guard expects the economic impact of this rule to be
minimal. Although this regulation will restrict movement in the
regulated area, the effect of this rule will not be significant
because: (i) The regulated navigation area will be in effect for a
limited duration of time and (ii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded under
figure 2-1, paragraph 34(g) of the Instruction from further
environmental documentation. A final ``Environmental Analysis
Checklist'' and a final ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1

0
2. Add temporary Sec.  165.T05-007 to read as follows:

Sec.  165.T05-007  Regulated Navigation Area; Cape Fear River,
Wilmington North Carolina

    (a) Definitions. For the purposes of enforcing the temporary RNA
for the location identified in paragraph (b) of this section, a
Designated Representative means a Coast Guard commissioned, warrant or
petty officer who has been authorized by the COTP Cape Fear River to
act on his behalf.
    (b) Location. The following area is a regulated navigation area:
Waters of the Cape Fear River, from surface to bottom, encompassed by
latitude 34[deg] 10''N thence north to the Cape Fear Memorial Bridge.
    (c) Regulations. (1) The general regulations governing regulated
navigation areas found in Sec.  165.13 of this part apply to the
regulated navigation area described in paragraph (b) of this section.
    (2) All persons are required to comply with the general regulations
governing this regulated navigation area (RNA).
    (3) This rule provides for the safety of a U.S. Navy submarine and
vessels transiting past it while it is moored in close proximity to the
shipping channel at the North Carolina State Port, Wilmington, NC. This
action is necessary to protect the USS NORTH CAROLINA and prevent
vessels 300 gross tons or more and all tugs and tows with a combined
tonnage of 300 gross tons or more from alliding with the submarine due
to a loss of steering or propulsion, other mechanical failure, or human
error.
    (4) The RNA will encompass the waters of the Cape Fear River from 1
nautical mile south of the North Carolina State Port, Wilmington NC to
1 nautical mile north of the North Carolina State Port, Wilmington, NC.
Each operator of a vessel of 300 gross tons or more or a tug and tow
with a combined tonnage of 300 gross tons or more that intends to enter
the RNA shall:
    (i) Ensure that they have sufficient propulsion and directional
control to safely navigate the RNA under prevailing conditions,
    (ii) Make the necessary arrangements and be escorted through the
RNA by a tug with sufficient horsepower to arrest and control their
vessel or tug and tow in the event of a steering, propulsion, or other
casualty,
    (iii) Ensure they do not meet or overtake any other vessel of 300
gross tons or more or a tug and tow with a combined tonnage of 300
gross tons or more in the RNA, and
    (iv) Obtain authorization from the Captain of the Port, Cape Fear
River. To seek permission to transit the area, the Captain of the Port,
Cape Fear River can be contacted via Sector North Carolina at telephone
number<PHONE_NUMBER>. If permission is granted, all persons and
vessels must comply with the instructions of the Captain of the Port,
Cape Fear River and proceed at the minimum speed necessary to maintain
a safe course while transiting the RNA.
    (5) The Captain of the Port, Cape Fear River by the direction of
the District Commander, may grant waivers upon request, and authorize a
deviation from any part of this regulation if it is found that the
proposed operation can be done safely. A request for a wavier and or
deviation must be submitted in writing and received not less than 24
hours before the intended operation and must state specifically why
this action is necessary.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8 a.m.
on April 25, 2008 through 8 p.m. May 7, 2008.

    Dated: February 20, 2008.
F.M. Rosa,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-5126 Filed 3-13-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42801-42802]
[FR Doc No: 2010-17927]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62506; File No. SR-ISE-2010-67]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes With Respect to Foreign Currency Options
Orders

July 15, 2010.
    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 June 25, 2010, the International Securities Exchange, LLC
(``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change, as described in
Items I, II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees. The text of the
proposed rule change is available on the Exchange's Web site (http://www.ise.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has

prepared summaries, set forth in sections A, B and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend the Exchange's
Schedule of Fees. The Exchange currently has a fee cap for large-size
foreign currency (``FX'') options orders. This fee discount applies for
orders of 5,000 contracts or more and waives fees on incremental volume
above 5,000 contracts. Contracts at or under the threshold are charged
the constituent's prescribed execution fee. This waiver applies to
customer \3\ orders and Firm Proprietary orders. ISE adopted this fee
discount to encourage members to execute large-sized FX options orders
on the Exchange in a manner that is cost effective. The current pilot
program is set to expire on June 30, 2010.\4\ The Exchange now proposes
to extend this fee discount through June 30, 2011 in a continuing
effort to attract more activity in its FX options.
---------------------------------------------------------------------------

    \3\ The fee waiver applies to both professional and priority
customer orders. A Priority Customer is defined in ISE Rule
100(a)(37A) as a person or entity that is not a broker/dealer in
securities, and does not place more than 390 orders in listed
options per day on average during a calendar month for its own
beneficial account(s). A Customer (Professional) is a person who is
not a broker/dealer and is not a Priority Customer.
    \4\ See Securities Exchange Act Release No. 60192 (June 30,
2009), 74 FR 32211 (July 7, 2009) (SR-ISE-2009-42).
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to make one change to the
current fee discount, namely to lower the threshold from 5,000
contracts to 250 contracts. When ISE initially adopted this fee
discount, the Exchange believed that the 5,000 contract threshold was
adequate. The Exchange's experience, however, shows that only a limited
number of trades have been executed at this level. The Exchange
believes lowering the threshold will provide a greater opportunity for
members to avail themselves of the fee discount.
2. Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is the requirement under Section
6(b)(4) that an exchange have an equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. In particular, this proposed rule change would extend a
current fee discount, thus effectively maintaining low fees.

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

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

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

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

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

    The foregoing rule change has become effective pursuant to section
19(b)(3) of the Act \5\ and Rule 19b-4(f)(2) \6\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-67 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-ISE-2010-67. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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
a.m. and 3 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; 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-ISE-2010-67 and should be
submitted on or before August 12, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. 2010-17927 Filed 7-21-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: November 10, 2008 (Volume 73, Number 218)]
[Notices]
[Page 66660]
[DOCID:fr10no08-72]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1800-DR]

Illinois; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Illinois (FEMA-1800-DR), dated October 3, 2008, and
related determinations.

DATES: Effective Date: October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Illinois is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 3, 2008.

Woodford County for Individual Assistance.

(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.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-26710 Filed 11-7-08; 8:45 am]

BILLING CODE 9111-23-P