[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73973-73974]
[DOCID:fr28de07-221]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic Safety Administration, (NHTSA),
Department of Transportation.

ACTION: Denial of a petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a
petition (Defect Petition DP06-005) submitted by Public Citizen to
NHTSA's Office of Defects Investigation (ODI) pursuant to 49 U.S.C.
30162, requesting that the agency commence a proceeding to determine
the existence of a defect related to motor vehicle safety with regard
to engine stalling in Model Year (MY) 2003-2005 Ford Taurus/Mercury
Sable Flex Fuel Vehicles that operate using E85, an alternative fuel.
    After reviewing all available information, NHTSA has concluded that
further expenditure of the agency's investigative resources on the
issue raised by the petition is not warranted. The agency accordingly
has denied the petition.

FOR FURTHER INFORMATION CONTACT: Mr. Ajit Alkondon, Safety Defects
Engineer, Defects Assessment Division, Office of Defects Investigation,
NHTSA, 1200 New Jersey Avenue, SE., Washington DC 20590. Telephone 202-
366-3565.

SUPPLEMENTARY INFORMATION: On October 11, 2006, Public Citizen sent a
letter to NHTSA regarding MY 2003-2005 Ford Taurus and Mercury Sable
Flex Fuel Vehicles (FFV). The Ford Motor Company (Ford) produced
228,000 of these vehicles in those model years. In the letter, Public
Citizen petitioned NHTSA to investigate and determine whether the
alleged stalling of these vehicles while operating on E85 constitutes a
safety defect under the vehicle safety laws (49 U.S.C. Chapter 301).
    E85, an ``alternative fuel'' within the meaning of 49 U.S.C.
32901(a)(1)(D), is an alcohol/fuel mixture consisting of 85% denatured
ethanol and 15% gasoline or diesel fuel. Flex fuel vehicles (FFVs, also
known as ``dual fueled automobiles'') are vehicles ``capable of
operating on alternative fuel and on gasoline or diesel fuel.'' 49
U.S.C. 32901(a)(8)(A). An FFV is identical to its non-FFV counterpart,
except that, because of the corrosive nature of the alternative fuel
(in this case, the ethyl alcohol in E85), exposed metallic and rubber
surfaces within the FFV fuel system have been replaced with materials
more capable of resisting the corrosive effects of the alternative fuel
to prevent excessive wear of these surfaces from exposure to E85.

Public Citizen's Petition

    In addition to seeking a defect investigation, the petition also
asks NHTSA to reclaim credits claimed by Ford for these vehicles due to
their dual fuel status under the Corporate Average Fuel Economy (CAFE)
program. See 49 U.S.C. 32905-32906. Although that issue is not
addressed in this notice, the petition focuses primarily on this CAFE
credit issue and the availability of E85. The great majority of the
allegations in the petition concern difficulty in starting the vehicles
and make no reference to safety issues. The petition mentions one
instance in which, after the owner experienced difficulty starting the
vehicle and drove the car out of his garage, the vehicle ``began to
stall.'' The petition does not allege any crashes, injuries, or (with
the possible exception of the one alleged stalling incident), any
unsafe events involving these vehicles.

NHTSA's Review of the Allegations Made in the Petition

    With little to go on based on the petition itself, ODI looked at
various sources of information to determine whether or not there was
any basis for a safety investigation of these vehicles with regard to
alleged engine stalling. ODI reviewed complaints submitted by owners of
these vehicles to NHTSA and to Ford (including a complaint concerning
the one instance of possible stalling cited in the petition), the
experience of state-owned fleets of these vehicles, Early Warning
Reporting (EWR) data, actions taken by Ford, and certain information
submitted by Ford.
    In any investigation involving allegations of stalling, ODI
examines a number of factors, including: The rate at which stalling
occurs in the whole population of subject vehicles (often expressed as
the number of vehicles that have experienced the phenomenon per hundred
thousand), the speeds at which stalling occurs, the type of operation
during which stalling occurs (e.g., when starting, accelerating,
decelerating, or cruising), whether the vehicle can quickly be
restarted after stalling, whether the stalling affects steering
functions, whether the stalling affects braking functions, and any
crashes or other unsafe events that may have resulted from the
stalling. In deciding whether or not alleged stalling merits a full
investigation, ODI also considers those criteria.

Ford's Actions Concerning These Vehicles

    In response to customer complaints about the operation of these
vehicles, Ford released two Technical Service Bulletins (TSBs): TSB 05-
11-13 and TSB 06-05-05. TSB 05-11-13, issued on June 13, 2005, pertains
to both FFV and non-FFV Ford Taurus/Mercury Sable vehicles for MY 2004
and 2005. The TSB addresses the following issues: lack of power at
highway speeds, RPM dip after cold start, malfunction indicator lamp
(MIL) on with diagnostic trouble code (DTC) P0316, intermediate clutch
failure due to low transmission oil pressure, misfire at low load/low
RPM, or load surge at low speeds, hard start and rough idle, and
inaccurate display of fuel economy in message center. Ford explained
that TSB 05-11-13 was created to address specific drivability symptoms
associated with the 3.0L engine in MY 2004 through 2005 model Taurus/
Sable vehicles, independent of the type of fuel used. The repair
procedure for this TSB includes reprogramming the Powertrain Control
Module (PCM) with updated software.
    TSB 06-05-05, published on March, 20, 2006, pertains to Ford
Taurus/Mercury Sable FFVs for MY 2004-2006. This TSB addresses a long
crank/hard start condition when the vehicles operate on E85 fuel.
Similar to TSB 05-11-13, the repair procedure for this TSB requires
reprogramming the PCM with an updated software release.
    While the letter from Public Citizen concerns subject vehicles in
MY 2003 through 2005, the two TSBs issued by Ford cover MY 2004 through
2005 and 2004 through 2006, respectively. Ford explained that the model
years 2001 through 2003 Taurus/Sable vehicles have a different PCM than
the MY 2004 through 2006 Taurus/Sable vehicles. Further, the issues
brought up in the Public Citizen letter--long crank/hard start and low
speed stalls--are predominantly confined to the 2004 to 2006 model year
vehicles.
    As stated above, Ford issued TSB 06-05-05 to address the long
crank/hard start problems associated with MY 2004 through 2006 Ford
Taurus/Mercury Sable vehicles. Ford also initiated Extended Coverage
Program (ECP) 06N07 to address this condition. Ford did not extend ECP
06N07 to MY 2003 vehicles since these vehicles have a

different PCM and are covered under a separate ECP.
    A search of Ford's Analytical Warranty System database revealed
that of the 649 vehicles receiving the TSB 06-05-05 repair, only 12, or
1.8%, of the vehicles required service for similar issues after the
repair. Of these 12, only one vehicle complained of a stall while
driving. (As explained below, this stall was apparently not related to
use of E85.) This suggests a high TSB effectiveness.

The Complaint Cited in the Petition

    ODI interviewed the complainant named in the Public Citizen letter
and inquired concerning his experiences with the subject vehicle and
its performance when operated on either gasoline or E85. The consumer
stated that he had purchased a new 2005 Ford Taurus FFV and that, when
operating the vehicle on gasoline alone, he had experienced no driving
problems. However, when the consumer operated the vehicle on E85, he
experienced hard starting and low speed stalls while the engine was
cold. The consumer had the adjustments called for by TSB 05-11-13
performed on his vehicle three times, but the problems persisted. He
then sold the vehicle back to the Ford dealership after driving only
980 miles. TSB 06-05-05 was never performed on the vehicle.

Other Complaints

    In addition to the vehicle owned by the complainant discussed
above, ODI confirmed only three other vehicles that had experienced
instances of stalling from a population of 228,000 vehicles. One, a
2004 Ford Taurus FFV, was the subject of a Vehicle Owner Questionnaire
(VOQ) submitted to NHTSA. ODI contacted this consumer and learned that
the consumer's main concern was difficulty starting the vehicle. The
consumer stated that he brought the vehicle into a repair shop for
service and had TSB 06-05-05 performed on his vehicle. Eventually, the
work Ford did on the car reduced the hard starting problem and
apparently eliminated the stalling problem.
    The second vehicle that experienced stalling, a 2005 Ford Taurus
FFV, was the subject of a complaint received by Ford and recorded in
its complaint database. ODI has contacted this consumer and learned
that the consumer experienced both engine stalling and hard starting
problems. The consumer did not have TSB06-05-05 performed on his
vehicle, and sold the vehicle shortly after his vehicle exhibited these
symptoms.
    The third vehicle that experienced stalling, a 2004 Ford Taurus
FFV, was the vehicle returned for repair after application of TSB 06-
05-05, mentioned above. This particular complaint suggested a single
stalling event while driving, after which the vehicle restarted with no
additional problems. Ultimately, this vehicle was repaired by
performing technical service unrelated to the repair methods for engine
stalling due to E85 usage. Therefore, the stalling problem was
apparently unrelated to E-85 usage, and this vehicle is not considered
as one that experienced E85-related stalling.
    In total, ODI was able to confirm that just three FFV vehicles (one
2004 Taurus and two 2005 Tauruses) experienced stalls related to E85
operation. ODI was not able to confirm any stalls in the population of
2003 Ford Taurus/Mercury vehicles.

Fleet Experience

    To assess E85 performance in vehicles most likely to use it
frequently, ODI obtained a list of fleets operating the subject
vehicles. ODI contacted six of the fleets-the State of Minnesota; the
Iowa, Illinois, Nebraska, and Wisconsin Departments of Transportation;
and the Minnesota Department of Natural Resources. In total, these
fleets operate approximately 500 of the subject vehicles. Five out of
the six fleets reported incidents of long crank/hard start in the
subject vehicles. However, none of the six fleets reported stalling
issues. Fleet customers report that they have taken advantage of the
TSBs issued by Ford that address this long crank/hard start issue, and
that there have been significant improvements in the subject vehicle
performance while using E85 subsequent to the repairs.

Conclusions

    Nearly all of the allegations concerning the operation of these
vehicles involve long crank/hard starting, not stalling. Based on ODI's
inquiry, only three of the subject vehicles (out of a population of
228,000 vehicles) have experienced engine stalling in connection with
their operation using E85. This indicates a very low rate of stalling
that is nearly identical to the rate of stalling in non-FFV Taurus and
Sable vehicles and very low when compared to the rates experienced by
non-FFV that ODI has reviewed. The stalling that has occurred has
apparently not resulted in any crashes, loss of steering or braking
control, or high risk events. The stalling seems to occur either at
start-up or at low speeds. Moreover, at least with regard to the one
vehicle that experienced stalling apparently related to E85 use and
later received the repair procedure called for by Ford's TSB 06-05-05,
this procedure seemed to cure the problem.
    Due to the very low incidence of vehicle stalling resulting from
the use of E85 within the subject vehicles and the extremely low
likelihood of an unsafe occurrence arising from the type of stalls that
have occurred, it is unlikely that NHTSA would issue an order for the
notification and remedy of a safety defect in this matter. NHTSA notes
that the issues consumers primarily complain of--namely long crank/hard
start and stall while driving--are adequately addressed by the TSBs
issued by Ford in response to consumer complaints. Because we believe
the petition does not provide a technical basis on which to proceed,
and in view of the need to allocate NHTSA's limited resources so as to
accomplish the agency's safety priorities, the petition is denied. This
action does not constitute a finding by NHTSA that a safety-related
defect does not exist. The agency will take further action if warranted
by future circumstances.

    Authority: 49 U.S.C. 30162(d); delegation of authority at CFR
1.50 and 501.8.

    Issued on: December 13, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-25096 Filed 12-27-07; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Proposed Rules]
[Pages 31033-31034]
[FR Doc No: 2017-13987]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0616; Airspace Docket No. 17-ANM-26]

Proposed Amendment of Class E Airspace; Prineville, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Prineville Airport,
Prineville, OR, to accommodate airspace redesign for the safety and
management of instrument flight rules (IFR) operations within the
National Airspace System.

DATES: Comments must be received on or before August 21, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2017-0616; Airspace Docket No. 17-ANM-26, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace extending upward from 700 feet above
the surface at Prineville Airport, Prineville, OR, in support of IFR
operations under standard instrument approach procedures.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2017-0616/
Airspace Docket No. 17-ANM-26''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Prineville Airport,
Prineville, OR. Class E airspace extending upward from 700 feet above
the surface would be modified to within an 8-mile radius (from a 6.9-
mile radius) of Prineville airport with a 4.2 mile (from 10 miles) wide
segment extending to 11.4 miles (from 12.3 miles) west of the airport.
Additionally, Class E airspace extending upward from 1,200 feet above
the surface designated to Prineville Airport would be removed since
this airspace area duplicates the larger Bend Class E en route airspace
area.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E5 Prineville, OR [Amended]

Prineville Airport, OR
    (Lat. 44[deg]17'16'' N., long. 120[deg]54'19'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of Prineville Airport, and within 2.1 miles
each side of a 288[deg] bearing extending from the airport to 11.4
miles west of the airport.

    Issued in Seattle, Washington, on June 26, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-13987 Filed 7-3-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50237-50239]
[FR Doc No: 2021-19251]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0377; Project Identifier MCAI-2021-00380-R;
Amendment 39-21674; AD 2021-16-12]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bell Textron Canada Limited Model 505 helicopters. This AD was
prompted by three occurrences of metallic debris in the engine oil
lubrication system causing the 12 volts direct current (VDC) reference
voltage to be shorted to ground and loss of important flight
information to the pilot. This AD requires replacing a certain part-
numbered relay panel assembly. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective October 13, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of October 13,
2021.

ADDRESSES: For service information identified in this final rule,
contact Bell Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4, Canada; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; email<EMAIL_ADDRESS>or at https://www.bellflight.com/support/contact-support. You may view the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0377.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0377; 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 final rule, the
Transport Canada AD, any comments received, and other information. The
street address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Bell Textron Canada
Limited Model 505 helicopters, with serial numbers 65011 through 65023
inclusive, 65025 through 65028 inclusive, 65030 through 65032
inclusive, 65034, and 65036 with relay panel assembly part number (P/N)
SLS-075-002-107 installed. The NPRM published in the Federal Register
on May 25, 2021 (86 FR 28038). In the NPRM, the FAA proposed to require
replacing relay panel assembly part number P/N SLS-075-002-107 with
relay panel assembly P/N SLS-075-002-109. The NPRM also proposed to
prohibit installing relay panel assembly P/N SLS-075-002-107 on any
helicopter. The NPRM was prompted by Canadian AD CF-2017-36, dated
December 15, 2017 (Canadian AD CF-2017-36), issued by Transport Canada,
which is the aviation authority for Canada, to correct an unsafe
condition for Bell Helicopter Textron Canada Limited (BHTCL) (now Bell
Textron Canada Limited) Model 505 helicopters serial numbers 65011
through 65023, 65025 through 65028, 65030 through 65032, 65034, and
65036. Transport Canada advises of three occurrences of metallic debris
in the engine oil lubrication system of the Model 505 helicopter
causing the Garmin Engine Airframe (GEA) 12 VDC reference voltage to be
shorted to ground. This short to ground results in loss of display of
important flight information including the main rotor rotations per
minute (Nr), fuel quantity, and transmission oil pressure and
temperature, and the generator voltage and ammeter parameters are
marked invalid with a red ``X'' on the primary flight display (PFD) and
the multi-function display (MFD). This condition, if not addressed,
could result in loss of caution, advisory, and system performance
indications for multiple helicopter systems, particularly when

the initiating event may be the activation of the engine chip detector.
    Accordingly, Canadian AD CF-2017-36 requires replacing relay panel
assembly P/N SLS-075-002-107 with relay panel assembly P/N SLS-075-002-
109.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with Canada, Transport Canada, its
technical representative, has notified the FAA of the unsafe condition
described in its AD. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on these
helicopters. Except for minor editorial changes and updating the email
and website addresses for Bell Textron Canada Limited throughout this
document, this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bell Helicopter Alert Service Bulletin 505-17-04,
dated December 6, 2017 (ASB 505-17-04). ASB 505-17-04 specifies
procedures for replacing relay panel assembly P/N SLS-075-002-107 with
relay panel assembly P/N SLS-075-002-109. ASB 505-17-04 also specifies
procedures for accomplishing a functional test of the two engine
electrical magnetic plugs and provides a notice to ensure 505-FM-1 (TR-
2) is inserted into the flight manual.
    This service information 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.

Differences Between This AD and the Transport Canada AD

    Canadian AD CF-2017-36 requires replacing the relay panel assembly
within 25 hours air time or 30 days, whichever occurs first, whereas
this AD requires that replacement within 25 hours time-in-service
instead. Canadian AD CF-2017-36 applies to certain serial-numbered
Model 505 helicopters, whereas this AD applies to certain serial-
numbered Model 505 helicopters with relay panel assembly P/N SLS-075-
002-107 installed instead.

Costs of Compliance

    The FAA estimates that this AD affects 3 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Replacing each relay panel assembly takes about 3 work-hours and
parts cost $7,079 for an estimated cost of $7,334 per helicopter and
$22,002 for the U.S. fleet.

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 helicopters identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-16-12 Bell Textron Canada Limited: Amendment 39-21674; Docket
No. FAA-2021-0377; Project Identifier MCAI-2021-00380-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 505
helicopters, certificated in any category, with serial numbers (S/
Ns) 65011 through 65023 inclusive, 65025 through 65028 inclusive,
65030 through 65032 inclusive, 65034, and 65036 with relay panel
assembly part number (P/N) SLS-075-002-107 installed.
    Note 1 to paragraph (c): Helicopters with S/Ns 65011 through
65023 inclusive, 65025 through 65028 inclusive, 65030 through 65032
inclusive, 65034, and 65036 are known to have had relay panel
assembly P/N SLS-075-002-107 installed during production.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3110, Instrument
Panel.

(e) Unsafe Condition

    This AD was prompted by three occurrences of metallic debris in
the engine oil lubrication system causing a short to ground within
the engine chip detector. The FAA is issuing this AD to prevent
failure of the 12 volts direct current (VDC) reference voltage, loss
of display of important flight information to the pilot including
the main rotor rotations per minute (Nr), fuel quantity, and
transmission oil pressure and temperature, and the generator voltage
and ammeter parameters as marked invalid with a red ``X'' on the
primary flight display (PFD) and the multi-function display (MFD).
The unsafe condition, if not addressed, could result in simultaneous
loss of caution, advisory, and system performance indicators for
multiple systems.

(f) Compliance

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

(g) Required Actions

    (1) Within 25 hours time-in-service after the effective date of
this AD, replace relay panel assembly P/N SLS-075-002-107 with relay
panel assembly P/N SLS-075-002-109 by following the Accomplishment
Instructions, paragraphs 1.a. through 3, of Bell Helicopter Alert
Service Bulletin 505-17-04, dated December 6, 2017.
    (2) As of the effective date of this AD, do not install relay
panel assembly P/N SLS-075-002-107 on any helicopter.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in Transport Canada AD
CF-2017-36, dated December 15, 2017. You may view the Transport
Canada AD at https://www.regulations.gov in Docket No. FAA-2021-
0377.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bell Helicopter Alert Service Bulletin 505-17-04, dated
December 6, 2017.
    (ii) [Reserved]
    (3) For Bell Helicopter service information identified in this
AD, contact Bell Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4, Canada; telephone<PHONE_NUMBER> or (800)
363-8023; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
or at https://www.bellflight.com/support/contact-support.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 27, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-19251 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34725-34726]
[DOCID:fr18jn08-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0220; FRL-8365-8]

Agency Information Collection Activities; Proposed Collection;
Comment Request; TSCA Section 5(a)(2) Significant New Use Rules for
Existing Chemicals; EPA ICR No. 1188.09, OMB Control No. 2070-0038

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``TSCA Section 5(a)(2) Significant New Use Rules for Existing
Chemicals'' and identified by EPA ICR No. 1188.09 and OMB Control No.
2070-0038, is scheduled to expire on March 31, 2009. Before submitting
the ICR to OMB for review and approval, EPA is soliciting comments on
specific aspects of the proposed information collection.

DATES: Comments must be received on or before August 18, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0220, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2008-0220. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0220. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Abeer Hashem, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this action are
companies that manufacture, process, import, or distribute in commerce
chemical substances or mixtures.
    Title: TSCA Section 5(a)(2) Significant New Use Rules for Existing
Chemicals.
    ICR numbers: EPA ICR No. 1188.09, OMB Control No. 2070-0038.
    ICR status: This ICR is currently scheduled to expire on March 31,
2009. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 5 of the Toxic Substances Control Act (TSCA)
provides EPA with a regulatory mechanism to monitor and, if necessary,
control significant new uses of chemical substances. Section 5
authorizes EPA to determine by rule (a significant new use rule or
SNUR), after considering all relevant factors, that a use of a chemical
substance represents a significant new use. If EPA determines that a
use of a chemical substance is a significant new use, section 5
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture, import, or process the
substance for that use.
    EPA uses the information obtained through this collection to
evaluate the health and environmental effects of the significant new
use. EPA may take regulatory actions under TSCA section 5, 6, or 7 to
control the activities for which it has received a SNUR notice. These
actions include orders to limit or prohibit the manufacture,
importation, processing, distribution in commerce, use or disposal of
chemical substances. If EPA does not take action, section 5 also
requires EPA to publish a Federal Register document explaining the
reasons for not taking action.
    Responses to the collection of information are mandatory (see 40
CFR part 721). Respondents may claim all or part of a notice
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to be 118.9
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 10.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 1,423 hours.
    Estimated total annual costs: $99,403. This includes an estimated
burden cost of $99,403 and an estimated cost of $0 for capital
investment or maintenance and operational costs

IV. Are There Changes in the Estimates from the Last Approval?

    There is an increase of 562 hours (from 861 hours to 1,423 hours)
in the total estimated respondent burden compared with that identified
in the ICR currently approved by OMB. This increase reflects EPA's
current estimate of the number of SNURs promulgated each year and the
number of SNUNs received each year. This change is an adjustment.

V. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: June 11, 2008.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. E8-13748 Filed 6-17-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36545-36546]
[FR Doc No: 2022-13104]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Susan Harwood Training Grant Program, FY 2022; Availability of
Funds and Funding Opportunity Announcements

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

ACTION: Notice of availability of funds and funding opportunity
announcements.

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SUMMARY: This notice announces availability of $11,787,000 for Susan
Harwood Training Grant Program grants. Three separate funding
opportunity announcements are available for Targeted Topic Training
grants, Training and Educational Materials Development Grants, and two
types of new Capacity Building grants: Capacity Building Pilot and
Capacity Building Developmental grants.

DATES: Grant applications for Susan Harwood Training Program grants
must be received electronically by the Grants.gov system no later than
11:59 p.m., ET, on August 1, 2022.

ADDRESSES: The complete Susan Harwood Training Grant Program funding
opportunity announcements and all information needed to apply are
available at the Grants.gov website, www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Questions regarding the funding
opportunity announcement should be emailed to Donna Robertson, Harwood
Grants Coordinator at [email protected] or directed to OSHA via
telephone at<PHONE_NUMBER>. Personnel will not be available to answer
questions after 5:00 p.m., ET. To obtain further information on the
Susan Harwood Training Grant Program, visit the OSHA website at
www.osha.gov/harwoodgrants. Questions regarding Grants.gov should be
emailed to [email protected] or directed to Applicant Support toll
free at 1-800-518-4726. Applicant Support is available 24 hours a day,
7 days a week except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Funding Opportunity Number: SHTG-FY-22-01 (Targeted Topic Training
grants).
    Funding Opportunity Number: SHTG-FY-22-02 (Training and Educational
Materials Development grants).
    Funding Opportunity Number: SHTG-FY-22-03 (Capacity Building
grants).

    Catalog of Federal Domestic Assistance Number: 17.502.

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is Section 21 of the Occupational
Safety and Health Act of 1970, (29 U.S.C. 670), Public Law 117-103, and
Secretary of Labor's Order No. 8-2020 (85 FR 58393, September 18,
2020).

    Signed at Washington, DC, on June 13, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-13104 Filed 6-16-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Page 58608]
[FR Doc No: 2012-23278]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Submission Deadline for Schedule Information for O'Hare
International Airport, San Francisco International Airport, John F.
Kennedy International Airport, and Newark Liberty International Airport
for the Summer 2013 Scheduling Season

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

ACTION: Notice of submission deadline.

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SUMMARY: Under this notice, the FAA announces the submission deadline
of October 11, 2012, for Summer 2013 flight schedules at Chicago's
O'Hare International Airport (ORD), San Francisco International Airport
(SFO), New York's John F. Kennedy International Airport (JFK), and
Newark Liberty International Airport (EWR) in accordance with the
International Air Transport Association (IATA) Worldwide Slot
Guidelines. The deadline coincides with the schedule submission
deadline for the IATA Slots Conference for the Summer 2013 scheduling
season.

DATES: Schedules must be submitted no later than October 11, 2012.

ADDRESSES: Schedules may be submitted by mail to the Slot
Administration Office, AGC-200, Office of the Chief Counsel, 800
Independence Ave. SW., Washington, DC 20591; facsimile:<PHONE_NUMBER>;
or by email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief
Counsel, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone number:<PHONE_NUMBER>; fax number: 202-
267-7971; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAA has designated ORD as an IATA Level
2 airport, SFO as a Level 2 airport, JFK as a Level 3 airport, and EWR
as a Level 3 airport. Scheduled operations at JFK and EWR are currently
limited by FAA Orders until a final Congestion Management Rule for
LaGuardia Airport, John F. Kennedy International Airport, and Newark
Liberty International Airport (RIN 2120-AJ89) becomes effective but not
later than October 26, 2013.\1\
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    \1\ Operating Limitations at John F. Kennedy International
Airport, 73 FR 3510 (Jan. 18, 2008) as amended 76 FR 18620 (Apr. 4,
2011); Operating Limitations at Newark Liberty International
Airport, 73 FR 29550 (May 21, 2008) as amended 76 FR 18618 (Apr. 4,
2011).
---------------------------------------------------------------------------

    The FAA is primarily concerned about planned passenger and cargo
operations during peak hours, but carriers may submit schedule plans
for the entire day. At ORD, the peak hours are 0700 to 2100 Central
Time (1200 to 0200 UTC), at SFO from 0600 to 2300 Pacific Time (1300 to
0600 UTC), and at EWR and JFK from 0600 to 2300 Eastern Time (1000 to
0300 UTC). Carriers should submit schedule information in sufficient
detail including, at minimum, the operating carrier, flight number,
scheduled time of operation, frequency, and effective dates. IATA
standard schedule information format and data elements (Standard
Schedules Information Manual or SSIM) may be used.
    The U.S. summer scheduling season for these airports is from March
24, 2013, through October 26, 2013, in recognition of the IATA northern
summer period. The FAA understands there may be differences in slot
times due to different U.S. daylight saving time dates and will
accommodate these differences to the extent possible.

    Issued in Washington, DC, on September 17, 2012.
Rebecca B. MacPherson,
Assistant Chief Counsel for International Law, Legislation, and
Regulations.
[FR Doc. 2012-23278 Filed 9-20-12; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Rules and Regulations]
[Pages 74007-74008]
[FR Doc No: 2013-29220]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0947; Airspace Docket No. 13-AGL-33]

Amendment of Class E Airspace; Grand Rapids, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Class E airspace within the Grand Rapids,
MI, area by updating the airport name and geographic coordinates for
Gerald R. Ford International Airport, formerly known as Kent County
International Airport. This action does not change the boundaries or
operating requirements of the airspace.

DATES: Effective date: 0901 UTC, February 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by adjusting the geographic coordinates within the Class E
airspace areas, of Gerald R. Ford International Airport, Grand Rapids,
MI, formerly called Kent County International Airport, to coincide with
the FAA's aeronautical database. This is an administrative change and
does not affect the boundaries, altitudes, or operating requirements of
the airspace, therefore, notice and public procedures under 5 U.S.C.
553(b) are unnecessary.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Gerald R. Ford International
Airport, Grand Rapids, MI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AGL MI E2 Grand Rapids, MI [Amended]

Grand Rapids, Gerald R. Ford International Airport, MI
    (Lat. 42[deg]52'51'' N., long. 85[deg]31'22'' W.)

    Within a 5-mile radius of Gerald R. Ford International Airport.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Grand Rapids, MI [Amended]

Grand Rapids, Gerald R. Ford International Airport, MI
    (Lat. 42[deg]52'51'' N., long. 85[deg]31'22'' W.)
Spectrum Medical Center/Downtown Campus, MI, Point in Space
Coordinates
    (Lat. 42[deg]57'09'' N., long. 85[deg]39'48'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Gerald R. Ford International Airport, and
within a 6-mile radius of the Point in Space serving Spectrum
Medical Center/Downtown Campus.

    Issued in Fort Worth, Texas, on November 25, 2013.
David P. Medina,
Manager Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-29220 Filed 12-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Notices]
[Page 12758-12759]
[DOCID:fr17mr10-78]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0380]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Product Jurisdiction:
Assignment of Agency Component for Review of Premarket Applications

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

DATES: Fax written comments on the collection of information by April
16, 2010.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0523.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Product Jurisdiction: Assignment of Agency Component for Review of
Premarket Applications--(OMB Control Number 0910-0523)--Extension

    This regulation relates to agency management and organization and
has two purposes. The first is to implement section 503(g) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)), as added by
the Safe Medical Devices Act of 1990 (Public Law 101-629), and amended
by the Medical Device User Fee and Modernization Act of 2002 (Public
Law 107-250), by specifying how FDA will determine the organizational
component within FDA assigned to have primary jurisdiction for the
premarket review and regulation of

products that are comprised of any combination of the following
products: (1) A drug and a device; (2) a device and a biological
product; (3) a biological product and a drug; or (4) a drug, a device,
and a biological product. The second purpose of this regulation is to
enhance the efficiency of agency management and operations by providing
procedures for classifying and determining which agency component is
designated to have primary jurisdiction for any drug, device, or
biological product where such jurisdiction is unclear or in dispute.
    The regulation establishes a procedure by which an applicant may
obtain an assignment or designation determination. The regulation
requires that the request include the identity of the applicant, a
comprehensive description of the product and its proposed use, and the
applicant's recommendation as to which agency component should have
primary jurisdiction, with an accompanying statement of reasons. The
information submitted would be used by FDA as the basis for making the
assignment or designation decision. Most information required by the
regulation is already required for premarket applications affecting
drugs, devices, biological products, and combination products. The
respondents will be businesses or other for-profit organizations.
    In the Federal Register of August 25, 2009 (74 FR 42900), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of        Annual Frequency      Total Annual         Hours per
21 CFR Section     Respondents        per Response         Responses           Response           Total Hours
----------------------------------------------------------------------------------------------------------------
Part 3                         43                   1                 43                  24               1,032
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    These burden estimates are based on the number of applications FDA
received over the past 2 fiscal years.

    Dated: March 11, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-5749 Filed 3-16-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73705-73708]
[FR Doc No: 2012-29853]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68354; File No. SR-NYSEMKT-2012-73]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 472--
Equities, Which Addresses Communications With the Public, Adopting New
Rule Text To Conform to the Changes Adopted by the Financial Industry
Regulatory Authority, Inc. for Research Analysts and Research Reports
as Required by the Jumpstart Our Business Startups Act

December 4, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 27, 2012, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'' or ``SEC'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 472--Equities, which addresses
communications with the public, to adopt new rule text to conform to
the changes adopted by the Financial Industry Regulatory Authority,
Inc. (``FINRA'') for research analysts and research reports as required
by the Jumpstart Our Business Startups Act (the ``JOBS Act'').\4\ The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.
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    \4\ Public Law 112-106, 126 Stat. 306.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes to amend Rule 472--Equities, which addresses
communications with the public, to adopt new rule text to conform to
the changes adopted by FINRA for research analysts and research reports
as required by the JOBS Act.\5\
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    \5\ See Securities Exchange Act Release No. 68037 (October 11,
2012), 77 FR 63908 (October 17, 2012) (SR-FINRA-2012-045). See also
FINRA Regulatory Notice 12-49.

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Background
    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the
Securities Exchange Act of 1934, as amended (the ``Act''), New York
Stock Exchange LLC (``NYSE''), NYSER and FINRA entered into an
agreement (the ``Agreement'') to reduce regulatory duplication for
their members by allocating to FINRA certain regulatory
responsibilities for certain NYSE rules and rule interpretations
(``FINRA Incorporated NYSE Rules''). NYSE MKT became a party to the
Agreement effective December 15, 2008.\6\
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    \6\ See Securities Exchange Act Release Nos. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the Agreement);
56147 (July 26, 2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-
054) (order approving the incorporation of certain NYSE Rules as
``Common Rules''); and 60409 (July 30, 2009), 74 FR 39353 (August 6,
2009) (order approving the amended and restated Agreement, adding
NYSE MKT LLC as a party). Paragraph 2(b) of the Agreement sets forth
procedures regarding proposed changes by FINRA, NYSE or NYSE MKT to
the substance of any of the Common Rules.
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    As part of its effort to reduce regulatory duplication and relieve
firms that are members of FINRA, NYSE and NYSE MKT of conflicting or
unnecessary regulatory burdens, FINRA is now engaged in the process of
reviewing and amending the NASD and FINRA Incorporated NYSE Rules in
order to create a consolidated FINRA rulebook.\7\
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    \7\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.
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Proposed Rule Change
    The Exchange proposes to amend Rule 472--Equities to adopt new rule
text to conform to the changes adopted by FINRA for research analysts
and research reports in NASD Rule 2711 and FINRA Incorporated NYSE Rule
472. FINRA amended these rules primarily to conform to the requirements
of the JOBS Act. The proposed changes to Rule 472--Equities are
identical to the changes FINRA made to FINRA Incorporated NYSE Rule
472.\8\
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    \8\ NYSE Rule 472 is identical to Rule 472--Equities.
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    The JOBS Act was signed into law on April 5, 2012. Among other
things, the JOBS Act is intended to help facilitate capital formation
for ``emerging growth companies'' (``EGCs'') by improving the
information flow about EGCs to investors. To that end, Section 105(b)
of the JOBS Act amended Section 15D of the Act to prohibit the
Commission or any national securities association from adopting or
maintaining any rule or regulation in connection with an initial public
offering (``IPO'') of an EGC that:
     Restricts, based on functional role, which associated
persons of a broker, dealer or member of a national securities
association, may arrange for communications between an analyst and a
potential investor; or
     Restricts a securities analyst from participating in any
communication with the management of an EGC that is also attended by
any other associated person of a broker, dealer, or member of a
national securities association whose functional role is other than as
a securities analyst.
    Section 105(d) further prohibits the Commission or any national
securities association from adopting or maintaining any rule or
regulation that prohibits a broker or dealer from publishing or
distributing any research report or making a public appearance, with
respect to the securities of an EGC either:
     Within any prescribed period of time following the IPO
date of the EGC; or
     Within any prescribed period of time prior to the
expiration date of any agreement between the broker, dealer, or member
of a national securities association and the EGC or its shareholders
that restricts or prohibits the sale of securities held by the EGC or
its shareholders after the IPO date.
    These provisions became effective upon signature of the President
of the United States on April 5, 2012. On August 22, 2012, the SEC's
Division of Trading and Markets provided guidance on these provisions
in the form of Frequently Asked Questions (``FAQs'').\9\ The Exchange
is amending Rule 472--Equities to conform with FINRA's amendments to
the applicable provisions of NASD Rule 2711 and FINRA Incorporated NYSE
Rule 472 to conform to the JOBS Act and the SEC staff's guidance with
regard to the applicable JOBS Act provisions. The SEC staff guidance
interprets the JOBS Act provisions as applicable to FINRA Incorporated
NYSE Rule 472 to the same extent as NASD Rule 2711. As such, FINRA made
corresponding amendments to Incorporated NYSE Rule 472. The proposed
rule change corresponds identically to FINRA's amendments to FINRA
Incorporated NYSE Rule 472.\10\
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    \9\ These FAQs are available at http://www.sec.gov/divisions/marketreg/tmjobsact-researchanalystsfaq.htm.
    \10\ See supra note 5.
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Arranging and Participating in Communications
    Rule 472(b)(5)--Equities prohibits a research analyst from
participating ``in efforts to solicit investment banking business,''
including any ``pitches'' for investment banking business or other
communications with companies for the purpose of soliciting investment
banking business. The FAQs interpret the JOBS Act to now allow, in
connection with an IPO of an EGC, research analysts to attend meetings
with issuer management that are also attended by investment banking
personnel, including pitch meetings, but not ``engage in otherwise
prohibited conduct in such meetings,'' including ``efforts to solicit
investment banking business.'' The FAQs further explain that a research
analyst that attends a pitch meeting ``could, for example, introduce
themselves, outline their research program and the types of factors
that the analyst would consider in his or her analysis of a company,
and ask follow-up questions to better understand a factual statement
made by the [EGC's] management.'' Accordingly, the proposed rule change
creates an exception to Rule 472(b)(5)--Equities to reflect this
guidance regarding the application of the JOBS Act.
    The FAQs state that under Section 105(b) of the JOBS Act, an
associated person of a broker-dealer, including investment banking
personnel, may arrange communications between research analysts and
investors in connection with an IPO of an EGC. As an example, the FAQs
state that an investment banker could forward a list of clients to a
research analyst that the analyst could, ``at his or her own discretion
and with appropriate controls, contact.'' The FAQs acknowledge that no
self-regulatory organization, including the Exchange, has a rule
directly prohibiting this activity and further states that such
activity, without more, would not constitute conduct by investment
banking personnel to directly or indirectly direct a research analyst
to engage in sales or marketing efforts related to an investment
banking services transaction, in violation of Rule 472(b)(6)(ii)--
Equities.\11\ Accordingly,

this JOBS Act provision requires no conforming rule change.
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    \11\ See supra note 9. In 2003 and 2004, the Commission, self-
regulatory organizations, and other regulators instituted settled
enforcement actions against 12 broker-dealers to address conflicts
of interest between the firms' research and investment banking
functions (``Global Settlement''). As the guidance point out, firms
subject to the Global Settlement should also be mindful of the
requirements of that court order as they remain in place.
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Quiet Periods
    Section 105(d) of the JOBS Act expressly permits publication of
research and public appearances with respect to the securities of an
EGC any time after the IPO of an EGC or prior to the expiration of any
lock-up agreement. While the JOBS Act refers only to the ``expiration''
of a lock-up agreement, the FAQs note the Commission staff's belief
that Congress intended for the JOBS Act provisions to apply equally to
the period before a ``waiver'' or ``termination'' of a lock-up
agreement. Thus, in accordance with SEC staff guidance on this JOBS Act
provision, the proposed rule change amends Rule 472--Equities to
eliminate the following quiet periods with respect to an IPO of an EGC:
     Rule 472(f)(1)--Equities, which imposes a 40-day quiet
period after an IPO on a member organization that acts as a manager or
co-manager of such IPO;
     Rule 472(f)(3)--Equities, which imposes a 25-day quiet
period after an IPO on a member organization that participates as an
underwriter or dealer (other than manager or co-manager) of such an
IPO; and
     Rule 472(f)(4)--Equities with respect to the 15-day quiet
period applicable to IPO managers and co-managers prior to the
expiration, waiver, or termination of a lock-up agreement or any other
agreement that such member organization has entered into with a subject
company or its shareholders that restricts or prohibits the sale of
securities held by the subject company or its shareholders after the
completion of an IPO.
    The FAQs note that the JOBS Act makes no reference to quiet periods
after a secondary offering or during a period of time after expiration,
termination or waiver of a lock-up agreement. Accordingly, the FAQs
note that Rule 472(f)(2)--Equities, which imposes a 10-day quiet period
on managers and co-managers following a secondary offering and the
remaining portion of Rule 472(f)(4)--Equities relating to quiet periods
after the expiration, termination or waiver of a lock-up agreement,
remain fully in effect. Nonetheless, the FAQs express the SEC staff's
belief that the policies underlying the JOBS Act are equally applicable
to quiet periods during these other times. The Exchange agrees that
elimination of those quiet periods would advance the policy objectives
of the JOBS Act and therefore has proposed to amend Rule 472(f)--
Equities accordingly.
    The Exchange also proposes to make a non-substantive change to
correct the existing text of current Rule 472(f)(6)--Equities, which
would become Rule 472(f)(7)--Equities as a result of the proposed
changes described above.
2. Statutory Basis
    The Exchange believes that the proposed change is consistent with
Section 6(b) of the Act,\12\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\13\ in particular, because it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to, and perfect the mechanisms of,
a free and open market and a national market system.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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    The proposed changes to Rules 472(b)(5), (f)(1), (f)(3) and
(f)(4)--Equities (with respect to the 15-day quiet period before the
expiration, termination or waiver of a lock-up agreement) conform those
rules to statutory mandates. The proposed additional changes to Rules
472(f)(2) and (f)(4)--Equities further the policies underlying the
statutory mandates by improving information flow to investors with
respect to EGCs without sacrificing the reliability of research
reports, as the other objectivity safeguards in Rule 472--Equities and
SEC Regulation AC \14\ are effective and will continue to apply. In
addition, the Exchange believes that the proposed rule changes will
remove impediments to and perfect the mechanisms of a free and open
market and a national market system not only because it will conform
Exchange rules to statutory mandates, but also because it will
harmonize Exchange rules with identical FINRA rules.
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    \14\ 17 CFR 242.500-05.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\17\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ In addition, Rule 19b-4(f)(6) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change at least five business days prior to
the date of the filing of the proposed rule change, or such shorter
time as designated by the Commission. The Exchange has satisfied
this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\19\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission hereby
grants the request.\20\ Waiving the 30-day operative delay will allow
the Exchange to conform its rules to statutory mandates and harmonize
Exchange rules with identical FINRA rules. The Commission believes it
is consistent with the protection of investors and the public interest
to waive the 30-day operative delay and, therefore, designates the
proposal as operative upon filing.
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the

Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2012-73 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-NYSEMKT-2012-73. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. 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-NYSEMKT-2012-73 and should be submitted
on or before January 2, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29853 Filed 12-10-12; 8:45 am]
BILLING CODE 8011-01-P