species stage year impinged. est entrained. est notes comments junk junk  99  99  99 junk junk herring. spp larvae 1978 0 580200 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. common. carp larvae 1978 0 858700 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. shiner. spp larvae 1978 0 725100 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. minnow. spp larvae 1978 0 38234900 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. carpiodes. sucker larvae 1978 0 38200 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. catostomidae. sucker larvae 1978 0 152600 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. catfish. spp larvae 1978 0 76400 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. crappie. spp larvae 1978 0 38200 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. etheostoma. darter larvae 1978 0 152600 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. percina. darter larvae 1978 0 259500 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. sauger. walleye larvae 1978 0 810400 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. percid. spp larvae 1978 0 633500 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. freshwater. drum larvae 1978 0 38200 # 21952. Table4; page 26 March 1978 March 1979. Assumed no ichthyoplankton present Sept. Feb. chestnut. lamprey age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. skipjack. herring age01 1978 64 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. gizzard. shad age01 1978 103879 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. grass. pickerel age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. muskellunge age01 1978 90 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. goldfish age01 1978 90 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. common. carp age01 1978 1371 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. golden. shiner age01 1978 154 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. emerald. shiner age01 1978 23120 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. common. shiner age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. spotfin. shiner age01 1978 410 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. sand. shiner age01 1978 64 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. mimic. shiner age01 1978 525 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. shiner. spp age01 1978 77 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. bluntnose. minnow age01 1978 1486 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. minnow. spp age01 1978 115 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. quillback age01 1978 38 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. white. sucker age01 1978 64 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. northern. hog. sucker age01 1978 26 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. spotted. sucker age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. silver. redhorse age01 1978 90 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. golden. redhorse age01 1978 307 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. shorthead. redhorse age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. redhorse. spp age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. sucker. spp age01 1978 38 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. white. catfish age01 1978 77 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. yellow. bullhead age01 1978 77 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. brown. bullhead age01 1978 167 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. channel. catfish age01 1978 10426 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. catfish. spp age01 1978 38 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. troutperch age01 1978 192 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. white. bass age01 1978 948 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. temperate. bass. spp age01 1978 26 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. rock. bass age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. green. sunfish age01 1978 448 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. pumpkinseed age01 1978 256 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. warmouth age01 1978 38 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. bluegill age01 1978 3292 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. longear. sunfish age01 1978 13 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. redear. sunfish age01 1978 38 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. lepomis. sunfish age01 1978 243 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. smallmouth. bass age01 1978 51 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. spotted. bass age01 1978 218 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. largemouth. bass age01 1978 64 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. micropterus. sunfish age01 1978 38 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. white. crappie age01 1978 12783 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. black. crappie age01 1978 487 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. centrarchidae. sunfish age01 1978 500 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. yellow. perch age01 1978 192 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. sauger age01 1978 167 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. walleye age01 1978 26 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. percid. spp age01 1978 26 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. Value was calculated as < 82. freshwater. drum age01 1978 666 0 # 21952. Table1; page 15 Estimate for May 1978 May 1979. Calculated based on annual est. of 163,593. unidentified larvae 1978 0 35,955,100 # 21952. Table4; page 26 M. L added this row unidentified egg 1978 0 396,900 # 21952. Table4; page 26 M. L added this row Impingement and entrainment Workbook compiled for use in A. Gret, 09/ 03/ 01 Worksheet losses01 Data QC for tables in this file: Done by Michelle Barron, Aug ent losses for Cardinal Facility in fish impingement/ entainment loss model.

Description Reported impingement & entrainment losses ile: ugust 2001 and Adrienne Gret, September, 2001


[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42079-42081]
[DOCID:fr01au07-58]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-516; FRL-8139-8]

Experimental Use Permit; Receipt of Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of an application 67979-EUP-7
from Syngenta Seeds, Inc. requesting an experimental use permit (EUP)
for the plant-incorporated protectants COT102 Bacillus thuringiensis
Vip3Aa19 protein and the genetic material (plasmid vector pCOT1)
necessary for its production in cotton and COT67B Bacillus
thuringiensis Cry1Ab protein and the genetic material (plasmid vector
pNOV4641) necessary for its production in cotton. The Agency has
determined that the application may be of regional and national
significance. Therefore, in accordance with 40 CFR 172.11(a), the
Agency is soliciting comments on this application.

DATES: Comments must be received on or before August 31, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID)

number EPA-HQ-OPP-2007-516, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-516. EPA's policy is that all comments received will be included
in the 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 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.
    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, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those interested in agricultural
biotechnology and those persons who are or may be required to conduct
testing of chemical substances under the Federal Food, Drug, and
Cosmetic Act (FFDCA) or the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). Since other entities may also be interested,
the Agency has not attempted to describe all the specific entities that
may be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    In the Federal Register of June 20, 2007 (72 FR 34009) (FRL-8133-
5), EPA announced the issuance of EUP 67979-EUP-7 to Syngenta Seeds,
Inc., 3054 Cornwallis Road, P.O. Box 12257, Research Triangle Park, NC
27709. Syngenta has requested to further extend this EUP to March 1,
2009 and to amend it by allowing an additional 2,225.3 acres to be
planted. The proposed acreage includes 67.5 acres of COT102, 67.5 acres
of COT67B, 324.3 acres of COT102 x COT67B, and 1,766 acres of non
plant-incorporated protectant border areas (2,225.3 total acres).
COT102 contains the lepidopteran protecting Bacillus thuringiensis
Vip3Aa19 protein and the genetic material (plasmid vector pCOT1)
necessary for its production. COT67B contains the lepidopteran
protecting Bacillus thuringiensis Cry1Ab protein and the genetic
material (plasmid vector p NOV4641) necessary for its production.

    Proposed shipment/use dates are March 1, 2008 through March 1,
2009. Five trial protocols have been proposed, including the following:
     Breeding and observation nursery.
     Insect efficacy.
     Agronomic evaluation.
     Seed production.
     Production characterization and performance.
    States involved include: Alabama, Arizona, Arkansas, California,
Florida, Georgia, Hawaii, Louisiana, Mississippi, Missouri, North
Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.

III. What Action is the Agency Taking?

    Following the review of the Syngenta Seeds, Inc. application and
any comments and data received in response to this notice, EPA will
decide whether to issue or deny the EUP request for this EUP program,
and if issued, the conditions under which it is to be conducted. Any
issuance of an EUP will be announced in the Federal Register.

IV. What is the Agency's Authority for Taking this Action?

    The Agency's authority for taking this action is under FIFRA
section 5.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: July 18, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

[FR Doc. E7-14684 Filed 7-31-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44711-44713]
[FR Doc No: 2017-20419]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0241; Product Identifier 2017-NE-09-AD; Amendment
39-19045; AD 2017-19-15]
RIN 2120-AA64

Airworthiness Directives; Technify Motors GmbH Reciprocating
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Technify Motors GmbH TAE 125-02 reciprocating engines. This AD requires
replacement of the clutch with a dual mass flywheel. This AD was
prompted by a loss of engine power in flight caused by oil leaking from
the gearbox radial shaft sealing ring that contaminated the clutch. We
are issuing this AD to correct the unsafe condition on these products.

DATES: This AD becomes effective October 31, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 31,
2017.

ADDRESSES: For service information identified in this final rule,
contact Technify Motors GmbH, Platanenstrasse 14, D-09356 Sankt
Egidien, Germany; phone: +49 37204 696 0; fax: +49 37204 696 29125;
email<EMAIL_ADDRESS>You may view this service
information at the FAA, Engine and Propeller Standards Branch, 1200
District Avenue, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0241.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0241; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
Document Management Facility, 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: Robert Green, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7754; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on May 5, 2017 (82 FR
21144). The NPRM proposed to correct an unsafe condition for the
specified products. The mandatory continuing airworthiness information
(MCAI) states:

    A temporary power loss occurred during flight on a TAE 125-02-
powered aeroplane. Following investigation, it was determined that
an improper lapping of the gearbox driveshaft led to insufficient
sealing of the gearbox radial shaft sealing ring, eventually
resulting in oil leakage and oil contamination of the clutch.
    This condition, if not detected and corrected, could lead to
permanent engine power loss, possibly resulting in reduced control
of the aeroplane.

    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-0241.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Revision to Economic Estimate

    We corrected the estimate of work hours from 0 in the NPRM to 4 in
this final rule. This revision increases the estimate of the cost per
product from $5,805 in the NPRM to $6,145 in this final rule. The total
cost was correctly estimated at $24,580 in the NPRM and is therefore
unchanged in this final rule.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed except
for minor editorial changes and the minor revisions to the costs of
compliance section noted above. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Technify Motors GmbH has issued Service Bulletin (SB) No. SB TMG
125-1020 P1, Initial Issue, dated January 27, 2016. The SB describes
procedures for replacing the clutch with a dual mass flywheel. 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.

Costs of Compliance

    We estimate that this AD affects 4 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace clutch and gearbox.........  4 work-hours x $85 per hour          $5,805          $6,145         $24,580
                                      = $340.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
appliances to the Manager, Engine and Propeller Standards Branch,
Policy and Innovation Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-19-15 Technify Motors GmbH: Amendment 39-19045; Docket No. FAA-
2017-0241; Product Identifier 2017-NE-09-AD.

(a) Effective Date

    This AD becomes effective October 31, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Technify Motors GmbH TAE 125-02-99
(commercial designation CD-135, formerly Centurion 2.0) and TAE 125-
02-114 (commercial designation CD-155, formerly Centurion 2.0S)
reciprocating engines with a gearbox serial number (S/N) listed in
Figure 1 to paragraph (c) of this AD.

                                                   Figure 1 to Paragraph (c) of This AD--Gearbox S/Ns
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
        00095             00107            00139            00160            00171            00172            00179            00189            00224
        00327             00396            00432            00459            00481            00564            00688            00697            00884
        00923             00957            01019            01048            01081            01082            01106            01125            01236
        01237             01241            01245            01288            01311            01314            01351            01357            01361
        01388             01418            01427            01487            01529            01534            01561            01598            01634
        01655             01704            01711            01755            01762            01786            01844            01881            01883
        01884             01887            01891            01893            01904            01928            01933            01935            01951
        01977             01978            01986            02026            02040            02041            02127            02141            02167
        02189             02228            02289            02298            02304            02314            02316            02354            02432
--------------------------------------------------------------------------------------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC) Code 8510, Reciprocating
Engine Front Section.

(e) Reason

    This AD was prompted by a loss of engine power in flight caused
by oil leaking from the gearbox radial shaft sealing ring that
contaminated the clutch. We are issuing this AD to prevent failure
of the clutch, loss of engine power in flight, and reduced control
of the airplane.

(f) Compliance

    (1) Comply with this AD within the compliance times specified,
unless already done.
    (2) Within 55 flight hours after the effective date of this AD:
    (i) Replace the clutch with a dual mass flywheel. Use Technify
Motors Service Bulletin (SB) No. SB TMG 125-1020 P1, Initial Issue,
dated January 27, 2016, to do the replacement.
    (ii) Install a start phase monitoring system and software
mapping in accordance with the requirements of FAA AD 2015-21-01 (80
FR 64314, October 23, 2015); and
    (iii) Inspect the rear radial shaft sealing ring on the gearbox
for oil leakage in accordance with Figures 2 and 3 of Technify
Motors SB No. SB TMG 125-1020 P1, Initial Issue, dated January 27,
2016. If an oil leak is detected, replace the gearbox with a part
eligible for installation before the next flight.

(g) Installation Prohibition

    After the effective date of this AD:
    (1) Do not install an engine that is equipped with a clutch and
has an affected gearbox listed in Figure 1 to paragraph (c) of this
AD;
    (2) Do not install an affected gearbox on an engine unless it
has passed the inspection required by paragraph (f)(2)(iii) of this
AD; and
    (3) Do not install a clutch on an engine previously modified in
accordance with the requirements of paragraph (f)(2) of this AD or
already incorporating a dual mass flywheel.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
ECO Branch, send it to the attention of the person identified in
paragraph (i)(1) of this AD. You may email your request 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 Robert Green,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2017-0034,
dated February 20, 2017, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2017-0241.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Technify Motors GmbH Service Bulletin No. SB TMG 125-1020
P1, Initial Issue, dated January 27, 2016.
    (ii) Reserved.
    (3) For Technify Motors GmbH service information identified in
this AD, contact Technify Motors GmbH, Platanenstrasse 14, D-09356
Sankt Egidien, Germany; phone: +49 37204 696 0; fax: +49 37204 696
29125; email<EMAIL_ADDRESS>You may view this
referenced service information at FAA, Engine and Propeller
Standards Branch, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.
    (4) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on September 13, 2017.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2017-20419 Filed 9-25-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Rules and Regulations]
[Pages 19574-19576]
[FR Doc No: 2021-07649]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0513]
RIN 1625-AA09

Drawbridge Operation Regulation; River Rouge, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the National Steel Corporation Railroad Bridge, mile 0.40, the
Delray Connecting Railroad Bridge, mile 0.34, and the Delray Connecting
Railroad Bridge, mile 0.80, over the River Rouge. Delray Connecting
Railroad Company, the owner and operator of these three bridges, has
requested to stop continual drawtender service and to operate the two
bridges only while trains are crossing the bridge, leaving them in the
open position at all other times, while the third bridge would open
upon signal if a 4-hour advance notice is received.

DATES:  This rule is effective May 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0513 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,
call or email: Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 27, 2020 we published in the Federal Register (85 FR
68019) a Notice of Proposed Rule Making. There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action.
During the 60-day comment period, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The National Steel Corporation Railroad Bridge, mile 0.40, the
Delray Connecting Railroad Bridge, mile 0.34, and the Delray Connecting
Railroad Bridge, mile 0.80, over the River Rouge, currently open on
signal pursuant to 33 CFR 117 and are required to be manned by a
drawtender at each bridge. The reason for the request to stop continual
drawtender service it that the primary customer, a still mill on Zug
Island, has been placed into caretaker status, significantly decreasing
the rail traffic across these bridges.

IV. Discussion of Comments, Changes and the Final Rule

    We did not receive any comments from the waterway users.

V. Discussion of Final Rule

    The proposed rule will establish the procedures to move the bridge
to allow rail traffic to cross the bridge while giving notice to the
vessels transiting the waterway that the bridge will be lowering. Ten
minutes before the bridge is lowered for train traffic a crewmember
from the train will initiate a SECURITE call on VHF-FM Marine Channel
16 that the bridge will be lowering for train traffic and invite any
concerned mariners to contact the drawtender on VHF-FM Marine Channel
12. The drawtender will also visually monitor for vessel traffic and
listen for the standard bridge opening signal of one prolonged blast
and one short blast from vessels already transiting the waterway. After
the ten minute warning, one last SECURITE call will be made that the
bridge will be lowering for rail traffic five minutes before lowering.
Once the drawtender is satisfied that it is safe the bridge will be
lowered for rail traffic. Once the rail traffic has cleared the bridge,
the bridge will be raised and locked in the fully open to navigation
position.
    The Delray Connecting Railroad Bridge, mile 0.34, has had limited
requests for openings and provides access to Zug Island for vehicles
and rail traffic. The owner of the railroad states the bridge has been
operating with advance notice illegally without complaints for several
years.

VI. Regulatory Analyses

    The Coast Guard has 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 protesters.

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, it 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 ability that
vessels can still transit the bridge because the bridge will only be
lowered for train traffic or the bridge will open with advance notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 no comments from the Small Business
Administration on this rule. 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
bridge 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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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.

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
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

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 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.

0
2. Revise Sec.  117.645 to read as follows:

Sec.  117.645  River Rouge.

    (a) The Delray Connecting Railroad Bridge, mile 0.34, need not have
a drawtender in continued attendance at the bridge and shall open on
signal if a 4-hour advance notice is provided.
    (b) The Delray Connecting Railroad Bridge, mile 0.80, over the Old
Channel need not have a drawtender in continued attendance at the
bridge. The bridge will remain open ten minutes before the bridge is
lowered for train traffic. A crewmember from the train will initiate a
SECURITE call on VHF-FM Marine Channel 16 that the bridge will be
lowering for train traffic and invite any concerned mariners to contact
the drawtender on VHF-FM Marine Channel 12. The drawtender will also
visually monitor for vessel traffic and listen for the standard bridge
opening signal of one prolonged blast and one short blast from vessels
already transiting the waterway. After the ten minute warning, another
SECURITE call shall be made on VHF-FM Marine Channel 16 that the bridge
will be lowering for rail traffic five minutes before lowering. Once
the drawtender is satisfied that it is safe, the bridge will be lowered
for rail traffic. Once the rail traffic has cleared the bridge, the
bridge shall be raised and locked in the fully open to navigation
position.
    (c) The National Steel Corporation Railroad Bridge, mile 0.40, need
not have a drawtender in continual attendance at the bridge. Ten
minutes before the bridge is lowered for train

traffic a crewmember from the train will initiate a SECURITE call on
VHF-FM Marine Channel 16 that the bridge will be lowering for train
traffic and invite any concerned mariners to contact the drawtender on
VHF-FM Marine Channel 12. The drawtender will also visually monitor for
vessel traffic and listen for the standard bridge opening signal of one
prolonged blast and one short blast from vessels already transiting the
waterway. After the ten minute warning, another SECURITE call shall be
made on VHF-FM Marine Channel 16 that the bridge will be lowering for
rail traffic five minutes before lowering. Once the drawtender is
satisfied that it is safe, the bridge will be lowered for rail traffic.
Once the rail traffic has cleared the bridge, the bridge shall be
raised and locked in the fully open to navigation position.
    (d) The draw of the Conrail Bridge, mile 1.48, is remotely
operated, is required to operate a radiotelephone, and shall open on
signal.

    Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07649 Filed 4-13-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2288-2289]
[FR Doc No: 2012-704]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14071-000; Project No. 12866-002]

FFP Project 10, LLC, Northland Power Mississippi River LLC;
Notice Announcing Preliminary Permit Drawing

    The Commission has received two preliminary permit applications
deemed

filed on February 1, 2011, at 8:30 a.m.,\1\ for proposed projects to be
located on the Mississippi River, near the town of Avondale, in
Jefferson Parish, Louisiana. The applications were filed by FFP Project
10, LLC for Project No. 12866-002, and Northland Power Mississippi
River LLC for Project No. 14071-000.
---------------------------------------------------------------------------

    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2)
(2011).
---------------------------------------------------------------------------

    On January 17, 2012, at 9 a.m. (eastern time), the Secretary of the
Commission, or her designee, will conduct a random drawing to determine
the filing priority of the applicants identified in this notice. The
Commission will select among competing permit applications as provided
in section 4.37 of its regulations.\2\ The priority established by this
drawing will be used to determine which applicant, among those with
identical filing times, will be considered to have the first-filed
application.
---------------------------------------------------------------------------

    \2\ 18 CFR 4.37 (2011).
---------------------------------------------------------------------------

    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St. NE., Washington, DC
20426. A subsequent notice will be issued by the Secretary announcing
the results of the drawing.

    Dated: January 10, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-704 Filed 1-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]
[Page 72812]
[DOCID:fr07de05-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-671-003]

Portland Natural Gas Transmission System; Notice of Compliance
Filing

November 29, 2005.
    Take notice that on November 17, 2005, Portland Natural Gas
Transmission System (PNGTS) tendered for filing as part of its FERC Gas
Tariff, Original Volume No. 1, Third Substitute Fifth Revised Sheet No.
380 to become effective on September 1, 2005.
    PNGTS states that copies of this filing are being served on all
jurisdictional customers, interested state commissions, and persons on
the official service list in this proceeding.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6946 Filed 12-6-05; 8:45 am]

BILLING CODE 6717-01-P


Please use this form and follow the instructions below to submit comments on the draft National Disaster Housing Strategy, Docket ID FEMA-2008-0009.

Please submit a completed comment form electronically through   HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov  no later than September 22, 2008.

Please use draft National Disaster Housing Strategy dated July 17, 2008, for your review.  If you do not have this version of the document, it, along with supporting documents, public comments received, and a copy of this form are available at   HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov  in Docket ID FEMA-2008-0009.

Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal e-Rulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available on the Privacy and Use Notice link on the Administration Navigation Bar of www.regulations.gov.

Completing the Comment Form

Organization 	Indicate the organization, if any, that you represent.

Page 		Indicate the page number on which the change is required.  If the target of your comments spans multiple pages, just indicate the starting page.  For general comments that don't correspond to a specific page, leave this column blank.

Line		Indicate the number of the beginning line on which you are commenting.

Category 		Indicate the type of comment; choices of categories include:

				C – Critical (issue of critical importance)

				S – Substantive (issue that is significant but not critical)

				A – Administrative (grammar, spelling, punctuation, style, word choice, etc.)

Comment	 	Type in your comment.

Proposed Change 	If you are suggesting a specific change, insert the language you suggest here.

Submitting completed Comment Form via regulations.gov

First go to Docket ID FEMA-2008-0009 and click on the Docket ID link (FEMA-2008-0009).

On the "Document Details" page, click on the yellow balloon symbol beside "Add Comments."

On the "Public Comment and Submission" webpage, fill in the required information and then attach your completed comment form document in the Attachments box and click "Add Attachments."

July 18, 2008 7:45 am

SUBMITTER	Date Prepared

Organization (if any)	Last Name	First Name	Phone Number	eMail

PAGE	LINE	CATEGORY

C=Critical

S=Substantive

A=Administrative	COMMENT	PROPOSED CHANGE

(new language)

National Disaster Housing Strategy

Public Comment Process


[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Notices]
[Pages 30262-30266]
[FR Doc No: 2019-13535]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86163; File No. SR-NYSE-2019-09]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Amendment No. 1 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To
Amend Exchange Rules 104 and 36 To Require Communications From a
Designated Market Maker (``DMM'') to a Designed Senior Representative
of an Issuer of Registered Listed Securities

June 20, 2019.

I. Introduction

    On March 8, 2019, the New York Stock Exchange LLC (``NYSE'' 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 NYSE Rules 104 and 36 to require
Designated Market Makers (``DMMs'') to communicate with a designated
senior representatives of the issuers of the DMM's assigned securities.
The proposed rule change was published in the Federal Register on March
26, 2019.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85367 (Mar. 20,
2019), 84 FR 11382 (Mar. 26, 2019) (``Notice'').
---------------------------------------------------------------------------

    On May 10, 2019, the Commission designated a longer time period
within which to approve or disapprove, or institute proceedings to
determine whether to approve or disapprove, the proposed rule
change.\4\ On June 18, 2019, the Exchange filed Amendment No. 1, which
superseded the original filing, to the proposed rule change.\5\ The
Commission has received no comments on the proposal.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 85826 (May 10,
2019), 84 FR 22173 (May 16, 2019).
    \5\ In Amendment No. 1, the Exchange modified its original
proposed rule change to clarify in proposed NYSE Rule 36.31 that a
Permitted Communication Device shall only permit written electronic
communications between individuals located at the DMM unit's post on
the Floor with: (1) Individuals with whom telephone communications
are permitted under NYSE Rules 36.30 and 98, subject to the same
content restrictions set forth in those rules or (2) the listed
issuer representatives designated under NYSE Rules 104(l)(1),
subject to the same content restrictions set forth in that rule,
provided that a DMM unit may not use a Permitted Communications
Device for this purpose from 9:15 a.m. Eastern Time until the
security is opened and from 15 minutes before the scheduled closing
time for a security until the security is closed.

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

    The Commission is publishing this notice to solicit comments on
Amendment No. 1 from interested persons and is approving the proposed
rule change, as modified by Amendment No. 1, on an accelerated basis.

II. Self-Regulatory Organization's Description of the Proposed Rule
Change, as Modified by Amendment No. 1

    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 104 (Dealings and Responsibilities
of DMMs) and Rule 36 (Communication Between Exchange and Members'
Offices) to require and facilitate routine DMM communication with
designated representatives of listed issuers.
Proposed Rule Change
    As described below, the Exchange proposes to amend Rule 104 to
require DMM units to communicate with designated individuals at each
issuer of listed securities in whose securities DMMs associated with
the DMM unit are registered and would describe how the communication
requirement can be met. The Exchange also proposes to amend Rule 36 to
facilitate written electronic communications with issuers from the
Floor of the Exchange (the ``Floor'') \6\ pursuant to proposed Rule
104(l) during specified time periods and subject to certain
restrictions.
---------------------------------------------------------------------------

    \6\ Rule 6 defines the Floor as the trading Floor of the
Exchange and the premises immediately adjacent thereto, such as the
various entrances and lobbies of the 11 Wall Street, 18 New Street,
8 Broad Street, 12 Broad Street and 18 Broad Street Buildings, and
also means the telephone facilities available in these locations.
---------------------------------------------------------------------------

Rule 104
    Rule 104 sets forth the obligations of Exchange DMMs. The Exchange
proposes to add a new paragraph (l) to Rule 104 titled ``Communication
with Issuers of Listed Securities'' that would set forth the obligation
of DMMs to communicate with their listed issuers.
    Proposed Rule 104(1)(1) would provide that, on at least a quarterly
basis, each DMM unit must communicate with one or more senior officials
of each issuer of listed securities in whose securities DMMs associated
with the DMM unit are registered, with the exception of American
Depositary Receipts (``ADR'').\7\ The proposed rule would also provide
that the senior official designated by the listed issuer for the
proposed contacts must be of the rank of Corporate Secretary or higher
and must not be involved in market or trading operations for or on
behalf of the listed issuer or with respect to the listed security. The
Exchange proposes to provide the senior officials at the issuer with
the option to designate an individual to communicate with the DMMs on
their behalf by including the clause ``or a designee thereof''
following ``Corporate Secretary or above,'' which the Exchange believes
would enable issuers to more efficiently manage the communication
process. As proposed, the designee would also have to be a person at
the issuer who is not be involved in market or trading operations for
or on behalf of the listed issuer or with respect to the listed
security.
---------------------------------------------------------------------------

    \7\ ADRs are certificates representing a specified number of
shares in non-U.S. issuers that are deposited and issued through
U.S. banks. The shares underlying ADRs are primarily listed and
traded on non-U.S. markets. The Exchange believes that the purpose
for the proposed change is not furthered by requiring DMMs to
contact foreign issuers whose ordinary listing is not on the
Exchange and therefore proposes to exclude ADRs from the periodic
communication requirement.
---------------------------------------------------------------------------

    This proposed obligation would be on the DMM units only. DMM units
would be required to communicate with the listed issuer contact, but
the listed issuer contact would not be required to reciprocate. For
example, a DMM unit could meet its obligation by sending an email
communication to the listed issuer contact. However, the listed issuer
contact would not be obligated to respond to that communication in
writing or otherwise.
    To address the possibility that a DMM unit may not have contact
information for any individuals at a listed issuer, proposed Rule
104(1)(A) would provide that if a DMM unit does not have contact
information for a listed issuer, the DMM unit can seek to communicate
with the Corporate Secretary most recently named on a public filing by
such issuer.
    Proposed Rule 104(l)(2) would describe the ways in which the
periodic communication requirement set forth in proposed subparagraph
(l)(1) can be met. Specifically, proposed subparagraph (l)(2) would
provide that the communication requirement may be met by either in-
person meetings, telephone calls, or written communications.
    The required communications would be explicitly subject to existing
restrictions on DMMs. First, as set forth in proposed Rule
104(l)(2)(A), during the required communications, employees of the DMM
unit would have to comply with the requirements of Rule 98 \8\ with
respect to the information that may be shared with the listed issuer
contact. Second, as described in proposed Rule 104(l)(2)(B), an
employee of a DMM unit may not communicate with a listed issuer contact
from the Floor via telephone. However, the Exchange proposes that an
employee of a DMM unit would be able to communicate with a listed
issuer contact from the Floor using electronic written communications,
subject to the requirements and safeguards set forth in proposed Rule
36.31, described below. Finally, proposed Rule 104(l)(2)(C) would
provide that DMM units must establish written policies and procedures
reasonably designed to ensure that DMMs are in compliance with the
requirements of the proposed rule.
---------------------------------------------------------------------------

    \8\ Rule 98 governs the operation of DMM units and imposes
certain restrictions on DMM trading including, among other things,
requiring that DMM units to protect against the misuse of Floor-
based non-public order information. See, e.g., Rule 98(c)(3).
---------------------------------------------------------------------------

    Proposed Rule 104(l)(3) would describe the non-regulatory penalties
to be imposed if DMMs fail to initiate the required contacts with
listed issuers. Specifically, if a DMM unit fails to initiate the
required communication with the listed issuer for a single quarter, the
Exchange would issue an initial warning letter to the DMM unit. If a
DMM unit fails to initiate the required communication with the listed
issuer for a two or more quarters, that DMM unit would be ineligible to
participate in the allocation process for a minimum of one month
following the second quarter of its failure to meet its contact
requirement.
    The proposed rule is substantively similar to former NYSE Rule
106(a), which provided that ``[d]uring each quarter, each Exchange
specialist unit shall contact one or more senior officials, of the rank
of Corporate Secretary or above, of each company in whose stock
specialists associated with the specialist unit are registered.'' NYSE
Rule 106 was deleted in 2008.\9\ At the time, the Exchange determined
that the

requirement in former Rule 106 that specialist units make themselves
available for contact with their listing companies periodically
throughout the year was unnecessary to ensure that listed issuers were
informed about trading in their listed securities given the
availability of public information and the fact that specialist units
had internal departments responsible for communicating with issuers
during the trading day.\10\ Following the deletion of Rule 106, the
internal departments responsible for communicating with issuers were
largely dismantled, and DMM communications with issuers have become
less regular.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 83540 (October 24,
2008), 73 FR 65435 (November 3, 2008) (SR-NYSE-2008-52).
    \10\ See id., 73 FR at 65437.
---------------------------------------------------------------------------

    Because each listed security is assigned to a single DMM, the
Exchange believes that one of the core functions of the DMM units is to
maintain regular communications with listed issuers about trading
activity in their securities. While DMM firms may no longer be
structured as they were when former Rule 106 was in place, DMM units
still regularly communicate with their listed issuers. The Exchange
proposes to reinstate the mandated interaction between DMMs and listed
issuers \11\ because the Exchange believes that this would ensure that
a minimum level of communication is occurring between DMM units and all
listed issuers. The proposed rule would therefore establish a minimum
level of required contacts. The Exchange understands that most DMM
units have more frequent communications with their listed issuers.
---------------------------------------------------------------------------

    \11\ Former Rule 106 also required, for instance, that the
specialist unit makes itself available to the Exchange's fifteen
(15) largest member organizations through required semiannual ``off
the Exchange Floor'' contact. See id.
---------------------------------------------------------------------------

Rule 36
    Rule 36 governs the establishment of telephone or electronic
communications connections between the Floor and other locations, which
requires Exchange approval. Supplementary Material .31 to Rule 36
(``DMM Electronically Transmitted Written Communications'') permits DMM
units to install and maintain certain written electronic communications
applications. Specifically, Rule 36.31(a) permits a DMM unit, subject
to Exchange approval and the conditions set forth in Rule 36.31, to
install and maintain a wired or wireless device capable of sending and
receiving written communications electronically through an Exchange-
approved connection (a ``Permitted Communications Device'').\12\ Under
Rule 36.31(b), the Permitted Communications Device shall only permit
written electronic communications between Floor-based personnel and
individuals with whom they are otherwise permitted to communicate
pursuant to Rules 36.30 and 98, i.e., certain personnel in the off-
Floor offices of the DMM unit, the DMM unit's clearing operations, and
persons who are permitted to provide non-trading related services to
the DMM unit under Rule 98.
---------------------------------------------------------------------------

    \12\ Examples of Permitted Communications Devices include email
and instant messaging via a desktop or laptop computer.
---------------------------------------------------------------------------

    To facilitate the DMM unit's proposed obligation to maintain
regular communications with listed issuers, the Exchange proposes to
amend Rule 36.31(b) to permit Floor-based DMM personnel to utilize
Permitted Communications Devices for written electronic communications
with the listed issuer representative designated under Rule 104(l)(1).
    To effectuate this change, the Exchange would amend Rule 36.31(b)
to add new subparagraphs (1) and (2), which would describe the two
circumstances when using a Permitted Communications Device would be
permitted.
    Proposed Rule 36.31(b)(1) would reflect the current rule that
Permitted Communications Devices may be used for electronic written
communications between individuals located at the DMM unit's post on
the Floor and persons with whom they are otherwise permitted to
communicate pursuant to Rules 36.30 and 98.
    Proposed Rule 36.31(b)(2) would reflect the proposed rule that
Permitted Communications Devices may be used for written electronic
communications with the listed issuer representative designated under
proposed Rule 104(l)(1), subject to the content restrictions set forth
in that rule as described above and provided that a DMM unit may not
use a Permitted Communications Device for this purpose for the periods
9:15 a.m. Eastern Time (``E.T.'') until the security is opened, and
again beginning 15 minutes before the scheduled close of trading until
the security is closed.
    The proposed time restrictions are designed to limit communications
between the DMM and listed issuer during the period when a DMM would
need to access non-public trading information to facilitate the opening
or closing transactions, i.e., the fifteen minutes prior to a security
being opened and closed by the DMM.\13\ The Exchange believes that this
proposed bright-line restriction on communications would eliminate any
potential for non-public information to be shared by the DMM with a
listed issuer in advance of the opening or closing of trading. The
Exchange further believes that the Rule 98 requirements for the DMM to
have policies and procedures reasonably designed to protect against the
misuse of Floor-based non-public order information would restrict the
DMMs from being able to share any non-public information the rest of
the trading day.\14\
---------------------------------------------------------------------------

    \13\ In connection with opening and closing a security, DMMs
have access to non-public order information, specifically, the
aggregate amount of specified Reserve Orders that are eligible to
participate in the opening and closing transactions. See Rule
104(a)(2) and (3) (specifying that DMMs and DMM unit algorithms have
access to aggregate order information in order to comply with their
requirement to facilitate openings and closings).
    \14\ See Rule 98(c)(3)(A).
---------------------------------------------------------------------------

    Finally, the requirements in current Rule 36.31(c) that a DMM unit
must maintain records of all written communications sent from or to the
DMM via the Permitted Communications Device in accordance with Rule 440
and SEC Rule 17a-4(b)(4) \15\ and in such format as may be prescribed
by the Exchange, and the requirement in current Rule 36.31(d) that a
DMM's member organization must establish policies and procedures
reasonably designed to ensure that use of the Permitted Communications
Device is consistent with all SEC rules and Exchange rules, policies
and procedures, would remain unchanged.
---------------------------------------------------------------------------

    \15\ See Rule 440 (Books and Records) & 17 CFR 240.17a-4(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that allowing DMM units to use a Permitted
Communications Device to communicate with issuers from the Floor is
appropriate because the DMM units would continue to be subject to the
requirements of Rule 98 and existing restrictions on the use of
Permitted Communications Devices.
    The proposed rule change would in no way alter the obligations of a
DMM unit to meet existing requirements under Rule 98 to, among other
things, protect non-public order information and maintain appropriate
information barriers in accordance with Rule 98. Because DMM units
would continue to be subject to Rule 98, while on the Floor, DMM unit
personnel could not use the Permitted Communications Device to
communicate with issuers in violation of Rule 98. For example, DMM
units would continue to be subject to the provisions of Rule 98
governing restrictions on communications with

off-Floor individuals or systems responsible for making trading
decisions in related products. The Exchange also believes that
prohibiting written electronic communications from the Floor before the
open and going into the close further assists DMM units in protecting
non-public order information when communicating with issuers from the
Floor.
    DMM units would also continue to be obligated to program its
communications system so that a Permitted Communications Device would
not operate in a manner enabling written electronic communications to
or from any location or individual other than as described in proposed
amended Supplementary Material .31. Among other things, the DMM unit
would be required to program its communications system to ensure that
messages cannot be forwarded by DMM Floor personnel to anyone at the
issuer with whom Floor personnel are not permitted to communicate.
    Finally, the Exchange believes that use of auditable written
electronic communications as the only permitted method for DMM units to
communicate with issuers from the Floor and the related retention
requirements would facilitate and enhance the Exchange's existing
regulatory program. In particular, the Exchange would be able to review
the email system operating the connections between the Floor and the
issuer, the related written supervisory procedures, and both the
content of, and participants in, any written communications.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\16\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\17\ in particular, in that 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 facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed requirement
that DMMs maintain regular contact with listed issuers would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and would remove impediments to and perfect
the mechanism of a free and open market and a national market system by
promoting a better understanding of the needs of listed issuers and
fostering communications among DMMs and listed issuers. The Exchange
believes that routine and regular contacts between DMMs and listed
issuers should be encouraged and will help to foster an understanding
of the DMM function, the operations of the Exchange market, and the
markets that are maintained in the listed issuers' securities, as well
as assisting DMMs to better perform their functions, thereby removing
impediments to and perfecting the mechanism of a free and open market
and a national market system. Moreover, the Exchange believes that
excluding ADRs from the proposed requirement is not inconsistent with
this goal because the shares underlying ADRs are not primarily listed
and traded on the Exchange. The Exchange also believes that the
proposed amendments to Rule 36 support the mechanism of free and open
markets by facilitating DMM communications with issuers from the Floor
during the trading day, subject to the safeguards described above.
    Further, the proposed rule change is designed to prevent fraudulent
and manipulative acts and practices and would be consistent with the
public interest and the protection of investors because of the numerous
safeguards surrounding the manner and form in which DMMs can
communicate with listed issuers proposed for inclusion in Rules 104 and
36. The proposed safeguards would include:
     Requiring communications to occur with a very senior
official designated by the listed issuer;
     requiring that the official designated by the listed
issuer not be involved in market or trading operations for or on behalf
of the listed issuer or with respect to the listed security;
     requiring employees of the DMM unit to comply with the
requirements of Rule 98 with respect to the information that may be
shared with the listed issuer contact during the required
communications, including written electronic communications from the
Floor;
     preventing employees of the DMM unit from communicating
with a listed issuer contact from the Floor via telephone;
     requiring that, while on the Floor, employees of the DMM
unit only communicate with a listed issuer contact in written
electronic form using a monitored Permitted Communications Device; and
     prohibiting written electronic communications from the
Floor with the listed issuer contact during the busiest part of the
trading day from 9:15 a.m. E.T. until the security is opened and
beginning fifteen minutes before the scheduled close of trading until
the security is closed.
    The Exchange believes that these proposed safeguards establish an
appropriate regulatory framework for supervising and monitoring
mandated DMM communications with listed issuers consistent with the
objectives of Section 6(b)(5) of the Act.\18\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
competition because the proposed change relates to how DMMs communicate
with their listed issuers and proposes no change for other market
participants. In addition, the Exchange does not believe that the
proposed changes will impose any competitive burden because DMMs will
operate in the same manner, including from the Floor, when
communicating with issuers.

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. Discussion and Commission Findings

    After careful review of the proposal, as modified by Amendment No.
1, 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.\19\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\20\ which requires that the
rules of a national securities exchange are 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
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \19\ In approving the proposed rule change, as modified by
Amendment No. 1, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange has proposed to require that each DMM unit, on at
least a quarterly basis, communicate with one or more senior officials
of each issuer of listed securities in whose securities (with the
exception of ADRs) DMMs associated with the DMM unit are registered.
DMMs units that fail to initiate the required communication for two or
more quarters will be ineligible to participate in the allocation
process for securities for a minimum of one month.
    The Exchange has also proposed certain provisions designed to
prevent the misuse of material non-public information. First, only
designated senior officials of the issuer who are at or above the rank
of Corporate Secretary, and who are not involved in market or trading
operations for or on behalf the issuer, may receive these
communications. Second, employees of the DMM unit must comply with NYSE
Rule 98, which requires DMM units to protect against the misuse of
floor-based non-public order information. Third, an employee of a DMM
unit may not communicate with a listed issuer from the trading floor
via telephone--any communications from the trading floor to the listed
issuer must be made in writing via a Permitted Communications Device in
accordance with proposed NYSE Rule 36.31 and cannot take place in the
period before the open or the close of trading. Fourth, existing Rule
36.31(c) provides that a DMM's member organization must maintain
records of all written communications sent from or to the DMM via the
Permitted Communications Device. And finally, the proposal requires DMM
units to establish written policies and procedures reasonably designed
to ensure that DMMs are in compliance with the proposed rule.
    The Commission believes that the proposal is reasonably designed to
prevent the misuse of material non-public information originating on
the Exchange floor and notes that, prior to 2008, NYSE Rule 106
required specialist units (the precursors to DMMs) to make themselves
available for contact with their listed issuers quarterly, with at
least one in-person meeting.\21\ For the foregoing reasons, the
Commission finds that the proposed rule change, as modified by
Amendment No. 1, is consistent with the requirements of the Act.
---------------------------------------------------------------------------

    \21\ See Securities and Exchange Commission Release No. 58857
(Oct. 24, 2008), 73 FR 65435, 65437 (Nov. 3, 2008) (SR-NYSE-2008-52)
(approving NYSE proposal to, among other things, rescind NYSE Rule
106).
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendment No. 1 to the Proposed Rule
Change

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 1
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-NYSE-2019-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2019-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2019-09 and should be submitted on
or before July 17, 2019.

V. Accelerated Approval of Amendment No. 1

    As noted above, in Amendment No. 1, the Exchange proposes to
clarify NYSE Rule 36.31 and how a DMM unit may use permitted
communications devices. The Commission believes that the amendments to
proposed NYSE rule 36.31 are consistent with the requirements of the
Act and raise no novel regulatory issues. The amendments closely follow
existing NYSE Rule 36.31 and clearly indicate that while on the trading
floor, written communications can only come from a permitted
communications device to the listed issuer. The Commission finds that
Amendment No. 1 is reasonably designed to prevent fraudulent and
manipulative acts and practices and to protect investors and the
public. Accordingly, the Commission finds good cause, pursuant to
Section 19(b)(2) of the Act, to approve the proposal, as modified by
Amendment No. 1, on an accelerated basis.

VI. Conclusion

    It is therefore ordered that, pursuant to Section 19(b)(2) of the
Act,\22\ the proposed rule change (SR-NYSE-2019-09), as modified by
Amendment No. 1, be, and it hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-13535 Filed 6-25-19; 8:45 am]
 BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I have been smoke free almost 5 years thanks to my transition to electronic cigarettes.  My health improvements are measurable and my doctor is supportive as well as thrilled with my health improvements.

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Best Regards,

Laurel O’Neill 213 Lychee Rd. Nokomis, FL 34275