[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Rules and Regulations]
[Pages 37551-37555]
[FR Doc No: 2020-13440]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1020; Product Identifier 2019-SW-076-AD; Amendment
39-21147; AD 2020-13-02]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.A. Helicopters

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.A. Model A119 and AW119 MKII helicopters. This AD
requires inspecting for movement and the tightening torque of the tail
rotor (T/R) plug, the installation of the outboard and inboard faces of
the T/R duplex bearing, and the condition of the T/R plug threads, nut
threads, and T/R duplex bearing. Depending on the inspection results,
this AD requires removing parts from service, reassembling the T/R
duplex assembly, and reporting information. This AD also prohibits
installing a T/R duplex bearing unless it has been inspected. This AD
was prompted by findings from a preliminary investigation of a Model
AW119 MKII helicopter accident. The actions of this AD are intended to
address an unsafe condition on these products.

DATES: This AD becomes effective July 8, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of July 8, 2020.
    The FAA must receive comments on this AD by August 7, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1020; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Union Aviation Safety Agency (EASA) AD, any
service information that is incorporated by reference, any comments
received, and other information. The street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this final rule, contact
Leonardo S.p.A.

Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta
520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-225074;
fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You
may view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1020.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not provide you with notice and an opportunity
to provide your comments prior to it becoming effective. However, the
FAA invites you to participate in this rulemaking by submitting written
comments, data, or views. The FAA also invites comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. The FAA will file in the docket all comments
received, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. The FAA will consider all the comments received and may
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD No. 2019-0194-E, dated
August 9, 2019, to correct an unsafe condition for Leonardo S.p.A.
Helicopters, formerly Finmeccanica S.p.A., AgustaWestland S.p.A.,
Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, formerly
Agusta Aerospace Corporation, Model A119 and AW119MKII helicopters with
a serial number (S/N) up to 14966 inclusive, except S/N 14950, 14957,
and 14961 through 14963 inclusive. According to EASA, preliminary
investigation of a Model AW119 MKII helicopter accident identified a
disassembled connection between the yaw control input lever and the
rotating input shaft, partial presence of spalling on the T/R duplex
bearing inner races, and missing plug and related lockwire. EASA states
an investigation to determine the root cause of the occurrence is in
progress. EASA advises that this condition, if not corrected, could
lead to functional failure of the T/R pitch change mechanism, resulting
in loss of control of the helicopter.
    As a precautionary measure and pending further information from the
investigation, Leonardo S.p.A. issued Leonardo Helicopters Emergency
Alert Service Bulletin No. 119-100, dated August 7, 2019 (EASB 119-
100), to provide inspection instructions and improved installation
procedures for the T/R duplex bearing.
    Accordingly, the EASA AD requires inspecting the T/R pitch change
mechanism and installation of additional locking wire. The EASA AD also
requires repetitive inspections of the duplex bearing and, depending on
findings, corrective actions. EASA states its AD is considered an
interim action and further AD action may follow.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all information provided by EASA and determining the unsafe
condition exists and is likely to exist or develop on other helicopters
of these same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed EASB 119-100 which specifies a one-time
inspection of the tightening torque of T/R plug part number (P/N) 129-
0160-45-103. This service information also specifies a repetitive
inspection for correct installation of the inboard and outboard faces
of T/R duplex bearing P/N 129-0160-11-103, for damage to the threads of
the T/R plug and nut P/N MS17825-7, and of the T/R duplex bearing for
roughness, ease of rotation, and presence of brinelling, spalling,
chipping, and flaking or traces of overheating of bearing balls, and
general damage to races.
    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.

AD Requirements

     This AD requires, within 10 hours time-in-service (TIS),
inspecting for movement and the tightening torque of the T/R plug.
     If there is no movement and the tightening torque is at
least 30.5 Nm, this AD requires installing lockwire before further
flight. Thereafter, within 50 hours TIS, this AD requires inspecting
for presence of the P/N and S/N markings of the outboard and inboard
faces of T/R duplex bearing, inspecting the T/R duplex bearing for
rough rotation, brinelling, spalling, chipping, flaking, evidence of
overheated bearing balls, and damage to the races, and inspecting for
damaged threads of the T/R plug and nut.
     If there is any movement or the tightening torque is less
than 30.5 Nm, this AD requires inspecting for presence of the P/N and
S/N markings of the outboard and inboard faces of T/R duplex bearing,
inspecting the T/R duplex bearing for rough rotation, brinelling,
spalling, chipping, flaking, evidence of overheated bearing balls, and
damage to the races, and inspecting for damaged threads of the T/R plug
and nut before further flight.
     If the P/N and S/N markings are visible on the outboard or
inboard face of the T/R duplex bearing; the T/R duplex bearing has any
rough rotation, brinelling, spalling, chipping, flaking, evidence of
overheated bearing balls, or damage to the races; or if the nut has any
damaged threads, this AD requires removing the T/R duplex bearing,
internal spacer, external spacer, bearing liner assembly, and T/R
control rod from service before further flight.
     If the T/R plug or nut has any damaged threads, this AD
requires removing the affected part from service before further flight.
     After inspecting, this AD requires assembling and
installing the T/R duplex assembly by following related service
information procedures.
     This AD also requires reporting inspection results to
Leonardo Helicopters if there is any T/R plug movement or if its
tightening torque is not at least 30.5 Nm and any parts that must be
removed from service.
     This AD also prohibits installing a T/R duplex bearing on
any helicopter unless it has been inspected.

Differences Between This AD and the EASA AD

    The EASA AD requires repeating the inspection of the T/R duplex
bearing installation and the condition of the T/R duplex bearing, plug
threads, and nut threads at any installation or disassembly of the T/R
duplex bearing, whereas this AD does not because it could be difficult
to track. The EASA AD requires inspecting the tightening torque of the
T/R plug in the range of 30.5-33.9 Nm, whereas this AD requires
inspecting the tightening torque of the T/R plug to a minimum of 30.5
Nm instead. The EASA AD requires inspecting the threads of nut P/N
MS17825-7 for damage, but does not state what to do if the threads have
damage. This AD requires inspecting for damage to the threads of the
nut indicated by uneven threads, missing threads, or cross-threading,
and if the nut has any damaged threads, removing the nut from service.
The EASA AD also requires repeating the inspection of the T/R duplex
bearing installation and the condition of the T/R duplex bearing, plug
threads, and nut threads every 200 hours TIS, whereas this AD does not.
The FAA plans to publish a notice of proposed rulemaking to give the
public an opportunity to comment on this long-term requirement.

Interim Action

    The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 93 helicopters of U.S.
Registry. Labor costs are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this AD.
    Inspecting the tightening torque of the T/R plug takes about 0.5
work-hour for an estimated cost of $43 per helicopter and $3,999 for
the U.S. fleet.
    Inspecting for correct installation of the outboard and inboard
faces of the T/R duplex bearing and the condition of the T/R plug
threads, nut threads, and T/R duplex bearing takes about 2 work-hours
for an estimated cost of $170 per helicopter.
    Assembling and installing the T/R duplex bearing assembly takes
about 2 work-hours for an estimated cost of $170. If required, the
parts for replacing the T/R duplex bearing, internal spacer, external
spacer, bearing liner assembly, and T/R control rod cost about $4,200,
and parts for replacing the T/R plug cost about $171.
    If required, reporting information takes about 1 work-hour for an
estimated cost of $85 per instance.
    According to Leonardo Helicopters' service information, some of the
costs of this AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. The FAA does not control warranty
coverage by Leonardo Helicopters. Accordingly, the FAA has included all
costs in this cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with notice and comment procedures for
rules when the agency, for ``good cause'' finds that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Under this section, an agency, upon finding good cause, may issue a
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because there are required corrective actions that must be completed
within 10 hours TIS and 50 hours TIS, a time period of up to 2 months
based on the average flight-hour utilization rate of these helicopters.
Therefore, notice and opportunity for prior public comment are
impracticable and contrary to public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this 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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-13-02 Leonardo S.p.A.: Amendment 39-21147; Docket No. FAA-2019-
1020; Product Identifier 2019-SW-076-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. Model A119 and AW119 MKII
helicopters, certificated in any category, with a tail rotor (T/R)
duplex bearing part number (P/N) 129-0160-11-103 (T/R duplex
bearing).

(b) Unsafe Condition

    This AD defines the unsafe condition as structural failure of
the T/R assembly, possibly due to an incorrect installation. This
condition could result in loss of T/R pitch change control and
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 8, 2020.

(d) Compliance

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

(e) Required Actions

    (1) Within 10 hours time-in-service (TIS), remove the lockwire
that secures the T/R plug P/N 129-0160-45-103 (T/R plug) to the
bearing liner assembly P/N 109-0135-16-101 (bearing liner assembly).
Without loosening the T/R plug first, inspect the tightening torque
of the T/R plug by increasing the torque up to 30.5 Nm and inspect
for any movement the moment torque is applied.
    (i) If there is no movement and the tightening torque is at
least 30.5 Nm, before further flight, install lockwire by following
the Accomplishment Instructions, part I, paragraph 4, of Leonardo
Helicopters Emergency Alert Service Bulletin No. 119-100, dated
August 7, 2019 (EASB 119-100).
    (ii) If there is any movement or the tightening torque is less
than 30.5 Nm, before further flight, comply with paragraph (e)(2) of
this AD.
    (2) Within 50 hours TIS, unless required before further flight
by paragraph (e)(1)(ii) of this AD, inspect to determine whether the
P/N and serial number (S/N) are visible on the outboard and inboard
faces of the T/R duplex bearing by following the Accomplishment
Instructions, part II, paragraphs 4 through 13 (except paragraphs
9.1, 13.1, and 13.2), of EASB 119-100. Instead of the excluded
steps, do the following:
    Note 1 to paragraph (e)(2) of this AD: You are not required to
discard parts and you may use equivalent tooling to that identified
in EASB 119-100.
    (i) If the P/N and S/N markings are visible on the outboard or
inboard face of the T/R duplex bearing, before further flight,
remove from service the T/R duplex bearing, internal spacer P/N 129-
0160-43-101 (internal spacer), external spacer P/N 129-0160-44-101
(external spacer), bearing liner assembly, and T/R control rod P/N
109-0135-02-101 (T/R control rod).
    (ii) If the P/N and S/N markings are not visible on the inboard
face of the T/R duplex bearing, before further flight, inspect the
T/R duplex bearing, T/R plug, and nut by following the
Accomplishment Instructions, part II, paragraphs 14 and 15 (but not
paragraphs 15.1 through 15.2), of EASB 119-100. For purposes of this
inspection, damage to the races may be indicated by non-movement of
the inner race, movement of the outer race, deformation, roughness,
or incorrect installation; and damage to the threads of the T/R plug
and nut may be indicated by uneven threads, missing threads, or
cross-threading.
    (A) If the T/R duplex bearing has any rough rotation,
brinelling, spalling, chipping, flaking, evidence of overheated
bearing balls, or damage to the races, before further flight, remove
from service the T/R duplex bearing, the internal spacer, the
external spacer, the bearing liner assembly, and the T/R control
rod.
    (B) If the T/R plug or nut has any damaged threads, before
further flight, remove from service the affected part.
    (C) Reassemble the T/R duplex bearing assembly by following the
Accomplishment Instructions, part II, paragraphs 16 through 31, of
EASB 119-100.
    (3) If the T/R plug had any movement or its tightening torque
was not at least 30.5 Nm in paragraph (e)(1)(ii) of this AD or if
any parts were required to be removed as a result of the inspections
required by paragraph (e)(2) of this AD, within 10 days after
completing the inspection, report the information in Appendix 1 to
this AD by email to<EMAIL_ADDRESS>    (4) As of the effective date of this AD, do not install a T/R
duplex bearing P/N 129-0160-11-103 on any helicopter unless you have
complied with the requirements in paragraph (e)(2) of this AD.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a currently valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to:
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
David Hatfield, Aviation Safety Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or sunder 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.

(i) Additional Information

    The subject of this AD is addressed in European Union Aviation
Safety Agency (EASA) Emergency AD No. 2019-0194-E, dated August 9,
2019. You may view the EASA AD on the Internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2019-1020.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor
System.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Emergency Alert Service Bulletin No.
119-100, dated August 7, 2019.
    (ii) [Reserved]
    (3) For Leonardo Helicopters service information identified in
this AD, contact Leonardo S.p.A. Helicopters, Emanuele Bufano, Head
of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va)
Italy; telephone +39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home.

    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Appendix 1 to AD 2020-13-02

    Report the following information by email to
<EMAIL_ADDRESS>(Leonardo Helicopters Emergency
Alert Service Bulletin No. 119-100, dated August 7, 2019.)
    (1) Date of Inspection:
    (2) Helicopter Model and Serial Number:
    (3) Total hours time-in-service (TIS) on the aircraft:
    (4) Total hours TIS on the T/R duplex bearing:
    (5) Total hours TIS since last overhaul of the T/R gearbox
assembly:
    (6) Describe in detail any information and findings and, if
possible, provide photos.

    Issued on June 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-13440 Filed 6-22-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 53015-53018]
[FR Doc No: 2011-21656]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65164; File No. SR-NYSE-2011-43]

 Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Deleting the Text of NYSE Rule 92 and Adopting a New NYSE Rule 5320
That Is Substantially the Same as Financial Industry Regulatory
Authority Rule 5320 To Prohibit Trading Ahead of Customer Orders With
Certain Exceptions (Commonly Known as the Manning Rule)

August 18, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
August 11, 2011, New York Stock Exchange LLC (``NYSE'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to delete the text of NYSE Rule 92, which
limits trading ahead of customer orders, and adopt a new NYSE Rule 5320
that is substantially the same as Financial Industry Regulatory
Authority (``FINRA'') Rule 5320. The text of the proposed rule change
is available at the Exchange, the Commission's Public Reference Room,
and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to delete the text of NYSE Rule 92, which
limits trading ahead of customer orders, and adopt a new NYSE Rule 5320
that is substantially the same as FINRA Rule 5320.\3\ As with FINRA
Rule 5320, proposed NYSE Rule 5320 would prohibit trading ahead of
customer orders with certain exceptions, including large order and
institutional account exceptions, a no-knowledge exception, a riskless
principal exception, an intermarket sweep order (``ISO'') exception,
and odd lot and bona fide error transaction exceptions, discussed in
detail below. Proposed NYSE Rule 5320 also provides the same guidance
as FINRA Rule 5320 on minimum price improvement standards, order
handling procedures, and trading outside normal market hours.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 63895 (February 11,
2011), 76 FR 9386 (February 17, 2011) (SR-FINRA-2009-090). The
Exchange's affiliates, NYSE Amex LLC and NYSE Arca, Inc., also have
filed substantially similar rule filings. See SR-NYSEAmex-2011-59
and SR-NYSEArca-2011-57.
---------------------------------------------------------------------------

Background
    NYSE Rule 92, which applies to Exchange-listed securities,
generally prohibits member organizations from trading on a proprietary
basis ahead of, or along with, customer orders that are executable at
the same price as the proprietary order. The Rule contains several
exceptions that make it permissible for a member or member organization
to enter a proprietary order while representing a customer order that
could be executed at the same price, provided, among other things, that
the customer order is not for an account of an individual investor and
the customer has provided express permission. Current NYSE Rule 92 also
permits riskless transactions for the purpose of facilitating the
execution, on a riskless principal basis, of one or more customer
orders.
Proposal To Adopt Text of FINRA Rule 5320
    In conjunction with its rules harmonization with FINRA, the
Exchange proposes to delete the text of NYSE Rule 92 and its
supplementary material and adopt the text of FINRA Rule 5320, with
certain technical changes, as NYSE Rule 5320. FINRA Rule 5320 generally
provides that a FINRA member that accepts and holds an order in an
equity security from its own customer or a customer of another broker-
dealer without immediately executing the order is prohibited from
trading that security on the same side of the market for its own
account at a price that would satisfy the customer order, unless it
immediately thereafter executes the customer order up to the size and
at the same or better price at which it traded for its own account.
    Proposed NYSE Rule 5320 permits a member organization to trade a
security on the same side of the market for its own account at a price
that would satisfy a customer order in certain circumstances.\4\
---------------------------------------------------------------------------

    \4\ Although NYSE Rule 92 refers to member organizations and
members, proposed NYSE Rule 5320 would follow the structure of FINRA
Rule 5320 and refer to member organizations. Because all NYSE
members are associated with NYSE member organizations, proposed NYSE
Rule 5320 would apply to them.
---------------------------------------------------------------------------

Large Orders and Institutional Accounts
    The most notable exception to the customer order protection rule is
to allow member organizations to negotiate terms and conditions on the
acceptance of certain large-sized orders (orders of 10,000 shares or
more unless such orders are less than $100,000 in value) or orders from
institutional accounts as defined in NASD Rule 3110. Such terms and
conditions would permit the member organization to continue to trade
alongside or ahead of such customer orders if the customer agrees.
    Specifically, under the proposed rule, a member organization would
be permitted to trade a security on the same side of the market for its
own account at a price that would satisfy a customer order provided
that the member organization provides clear and comprehensive written
disclosure to each customer at account opening and annually thereafter
that (a) discloses that the member organization may trade proprietarily
at prices that would satisfy the customer order, and (b) provides the
customer with a meaningful opportunity to opt in to the NYSE Rule 5320
protections with respect to all or any portion of its order.
    If a customer does not opt in to the protections with respect to
all or any portion of its order, the member organization may reasonably
conclude that such customer has consented to the member organization
trading a security on the same side of the market for its own account
at a price that would satisfy the customer's order.\5\
---------------------------------------------------------------------------

    \5\ As is always the case, customers retain the right to
withdraw consent at any time. Therefore, a member organization's
reasonable conclusion that a customer has consented to the member
organization trading along with such customer's order is subject to
further instruction and modification from the customer.
---------------------------------------------------------------------------

    In lieu of providing written disclosure to customers at account
opening and annually thereafter, the proposed rule would permit member
organizations to provide clear and comprehensive oral disclosure to,
and obtain consent from, a customer on an order-by-order basis,
provided that the member organization documents who provided such
consent and that such consent evidences the customer's understanding of
the terms and conditions of the order. In addition, where a customer
has opted in to the NYSE Rule 5320 protections, a member organization
may still obtain consent on an order-by-order basis to trade ahead of
or along with an order from that customer, provided that the member
organization documents who provided such consent and that such consent
evidences the customer's understanding of the terms and conditions of
the order.
No-Knowledge Exception
    The Exchange is also proposing to include a ``no-knowledge''
exception to its customer order protection rule. The proposed exception
would allow a proprietary trading unit of a member organization to
continue trading in a proprietary capacity and at prices that would
satisfy customer orders that were being held by another, separate
trading unit at the member organization. The no-knowledge exception
would be applicable with respect to NMS stocks, as defined in Rule 600
of SEC Regulation NMS. In order to avail itself of the no-knowledge
exception, a member organization must first implement and utilize an
effective system of internal controls (such as appropriate information
barriers) that operate to prevent the proprietary trading unit from
obtaining knowledge of the customer orders that are held at a separate
trading unit.
    A member organization that structures its order handling practices
in NMS stocks to permit its proprietary and/or market-making desk to
trade at prices that would satisfy customer orders held by a separate
trading unit must disclose in writing to its customers, at account
opening and annually thereafter, a description of the manner in which
customer orders are handled by the member organization and the
circumstances under which the member organization may trade
proprietarily at its market-making desk at prices that would satisfy
the customer order.
Riskless Principal Exception
    The Exchange's proposal also provides that the obligations under
this rule shall not apply to a member organization's proprietary trade
if such proprietary trade is for the purposes of

facilitating the execution, on a riskless principal basis, of another
order from a customer (whether its own customer or the customer of
another broker-dealer), provided that the member organization (a)
submits a report, contemporaneously with the execution of the
facilitated order, identifying the trade as riskless principal to the
Exchange and (b) has written policies and procedures to ensure that
riskless principal transactions relied upon for this exception comply
with applicable Exchange rules. At a minimum these policies and
procedures must require that the customer order was received prior to
the offsetting principal transaction, and that the offsetting principal
transaction is at the same price as the customer order exclusive of any
markup or markdown, commission equivalent or other fee and is allocated
to a riskless principal or customer account in a consistent manner and
within 60 seconds of execution.
    Member organizations must have supervisory systems in place that
produce records that enable the member organization and the Exchange to
reconstruct accurately, readily, and in a time-sequenced manner all
orders on which a member organization relies in claiming this
exception.
ISO Exception
    The proposed rule change also provides that a member organization
shall be exempt from the obligation to execute a customer order in a
manner consistent with NYSE Rule 5320 with regard to trading for its
own account that is the result of an intermarket sweep order routed in
compliance with Rule 600(b)(30)(ii) of SEC Regulation NMS where the
customer order is received after the member organization routed the
ISO. Where a member organization routes an ISO to facilitate a customer
order and that customer has consented to not receiving the better
prices obtained by the ISO, the member organization also shall be
exempt with respect to any trading for its own account that is the
result of the ISO with respect to the consenting customer's order.
Odd Lot and Bona Fide Error Exception
    In addition, the Exchange proposes applying an exception for a
firm's proprietary trade that (1) offsets a customer odd lot order
(i.e., an order less than one round lot, which is typically 100 shares)
or (2) corrects a bona fide error. With respect to bona fide errors,
member organizations would be required to demonstrate and document the
basis upon which a transaction meets the bona fide error exception.
Minimum Price Improvement Standards
    The proposed rule change establishes the minimum amount of price
improvement necessary for a member organization to execute an order on
a proprietary basis when holding an unexecuted limit order in that same
security without being required to execute the held limit order.
Order Handling Procedures
    The proposed rule change provides that a member organization must
make every effort to execute a marketable customer order that it
receives fully and promptly. A member organization that is holding a
customer order that is marketable and has not been immediately executed
must make every effort to cross such order with any other order
received by the member organization on the other side of the market up
to the size of such order at a price that is no less than the best bid
and no greater than the best offer at the time that the subsequent
order is received by the member organization and that is consistent
with the terms of the orders. In the event that a member organization
is holding multiple orders on both sides of the market that have not
been executed, the member organization must make every effort to cross
or otherwise execute such orders in a manner that is reasonable and
consistent with the objectives of the proposed rule and with the terms
of the orders. A member organization can satisfy the crossing
requirement by contemporaneously buying from the seller and selling to
the buyer at the same price.
Trading Outside Normal Market Hours
    A member organization generally may limit the life of a customer
order to the period of normal market hours of 9:30 a.m. to 4 p.m.
Eastern Time. However, if the customer and member organization agree to
the processing of the customer's order outside normal market hours, the
protections of proposed NYSE Rule 5320 would apply to that customer's
order(s) at all times the customer order is executable by the member
organization.
Conforming and Other Changes
    The Exchange further proposes to make a conforming change to NYSE
Rule 900 to delete a reference to NYSE Rule 92 and to delete rule text
that provided that Rule 92 shall not preclude a member or member
organization from entering in the Off-Hours Trading Facility an
aggregate-price order to buy (sell) 15 or more securities coupled with
an identical order to sell (buy) when the member or member organization
holds an unexecuted closing-price order for a component security. The
Exchange has determined that, as part of the harmonization process, it
will not keep this exception to NYSE Rule 92. The Exchange further
notes that the NYSE Rule 900 reference is no longer necessary because
proposed NYSE Rule 5320 does not bar the entry of an order for a member
organization's own account when holding an unexecuted customer order;
rather, if the NYSE Rule 5320 customer order protections are
applicable, the member organization only needs to ensure that a
customer order is executed up to the size and the same or better price
at which it traded for its own account.
    The Exchange has filed a series of operative delays for NYSE Rule
92(c)(3),\6\ which permits Exchange member organizations to submit
riskless principal orders to the Exchange, but requires them to submit
to a designated Exchange database a report of the execution of the
facilitated order. In extending the operative delay to September 12,
2011, the Exchange stated that it was premature to require firms to
meet the Exchange's Front End Systemic Capture reporting requirements
pending full harmonization of the respective customer order protection
rules with FINRA. In adopting NYSE Rule 5320 and deleting the text of
NYSE Rule 92 in its entirety, no additional operative delays for NYSE
Rule 92(c)(3) are necessary, as the Exchange will use the FINRA model
to capture riskless principal orders.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 56968 (Dec. 14,
2007), 72 FR 72432 (Dec. 20, 2007) (SR-NYSE-2007-114); 57682 (Apr.
17, 2008), 73 FR 22193 (Apr. 24, 2008) (SR-NYSE-2008-29); 59621
(Mar. 23, 2009), 74 FR 14179 (Mar. 30, 2009) (SR-NYSE-2009-30);
60396 (July 30, 2009), 74 FR 39126 (Aug. 5, 2009) (SR-NYSE-2009-73);
61251 (Dec. 29, 2009), 75 FR 482 (Jan. 5, 2010) (SR-NYSE-2009-129);
62541 (July 21, 2010), 75 FR 44042 (July 27, 2010) (SR-NYSE-2010-
52); 63455 (Dec. 7. 2010), 75 FR 77687 (Dec. 13, 2010) (SR-NYSE-
2010-76); and 64860 (July 12, 2011), 76 FR 42150 (July 18, 2011)
(SR-NYSE-2011-32).
    \7\ All member organizations that would be subject to proposed
NYSE Rule 5320 also are subject to FINRA Rule 5320 and would
therefore report riskless principal transactions as required under
the FINRA Rule. There would be no need for them to separately report
riskless principal transactions to the Exchange.
---------------------------------------------------------------------------

    For consistency with Exchange rules, NYSE Rule 5320 will have
certain differences from FINRA Rule 5320. The Exchange proposes not to
include Supplementary Material .02(b) and portions of Supplementary
Material .06, which relate to OTC equity securities,

and to change all references from ``members'' to ``member
organizations.''
Implementation Date
    The Exchange proposes to implement NYSE Rule 5320 on the same date
that FINRA implements FINRA Rule 5320, which FINRA has announced will
be September 12, 2011.\8\ The Exchange will provide notice of the
implementation date to its member organizations via an Information
Memorandum.
---------------------------------------------------------------------------

    \8\ See FINRA Regulatory Notice 11-24.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \9\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \10\ 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, 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. The Exchange believes that adopting the proposed rule
at the same time that FINRA implements a substantially similar rule
will contribute to investor protection by defining important parameters
by which member organizations must abide when trading proprietarily
while holding customer limit and market orders, and foster cooperation
by harmonizing requirements across self-regulatory organizations.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 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.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-043 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2011-043. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2011-043 and should be
submitted on or before September 14, 2011.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21656 Filed 8-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Page 31344]
[FR Doc No: 2018-14356]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0648]

Regulated Navigation Area; Savannah River, Georgia

AGENCY: Coast Guard, DHS.

ACTION: Notice of public meeting; request for comments.

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

SUMMARY: The Coast Guard announces a public meeting to receive comments
on a proposal to revise a rule entitled ``Regulated Navigation Area;
Savannah River, Georgia'', which was published in the Federal Register
on September 10, 2007 (72 FR 51555). The purpose of this public meeting
is to determine the need to revise the regulated navigation area to
address changes at the facility.

DATES: A public meeting will be held on Wednesday, July 25, 2018 from
10 a.m. to 12 p.m. to provide an opportunity for oral comments. Written
comments and related material may also be submitted to Coast Guard
personnel specified at that meeting. Comments and related material must
be received by the Coast Guard on or before August 15, 2018.

ADDRESSES: The public meeting will be held at the Juliette Gordon Low
Federal Building, 100 W Oglethorpe Avenue, First Floor, Marine Safety
Unit Savannah Training Room, Savannah, GA 31401, telephone 912-652-
4353. A valid government-issued photo identification will be required
for entrance to the building, and all visitors are subject to security
screenings.
    This meeting is open to the public. Seating is limited, so please
RSVP as soon as possible, but no later than July 15, 2018. Please fill
out the RSVP form using the following link https://einvitations.afit.edu/inv/anim.cfm?i=407259&k=0661450B7E5E.
    You may submit written comments online by searching docket number
USCG-2018-0648 using the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
meeting or the proposed rule, please call or email LT Joseph Palmquist,
Coast Guard; telephone<PHONE_NUMBER> ext. 221, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    We are announcing a public meeting to receive comments regarding
the potential revision of the rule titled ``Regulated Navigation Area;
Savannah River, Georgia'' that was published in the Federal Register on
September 10, 2007 (72 FR 51555). That rule established a regulated
navigation area around the Southern LNG facility on the Savannah River.
Since the previous rule has been published, there have been changes
both to the facility layout and to the types of vessels that make calls
to the facility. The purpose of this public meeting is to determine the
need to revise the regulated navigation area to address changes at the
facility. We have received multiple requests and have concluded that a
public meeting would aid in determining whether to propose a
rulemaking. Therefore, we are publishing this notice.
    You may view the current rule, 33 CFR 165.756, by going to http://www.ecfr.gov. Once there, click on ``simple search'', insert ``33'' in
the title number search box and ``165.756'' in the ``search for''
search box and click ``submit search''. You may view comments submitted
thus far by going to http://www.regulations.gov. Once there, insert
``USCG-2018-0648'' in the ``Keyword'' box and click ``Search''.
    We encourage you to participate by submitting comments either
orally at the meeting or in writing. If you bring written comments to
the meeting, you may submit them to Coast Guard personnel specified at
the meeting to receive written comments. These comments will be
submitted to our online public docket. All comments received will be
posted without change to http://www.regulations.gov and will include
any personal information you have provided.
    Comments submitted after the meeting must reach the Coast Guard on
or before August 15, 2018. We encourage you to submit comments through
the Federal eRulemaking Portal at http://www.regulations.gov. If your
material cannot be submitted using http://www.regulations.gov, contact
the person in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the March 24, 2005, issue of the
Federal Register (70 FR 15086).

II. Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LT Joseph Palmquist at the telephone number or email address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

III. Public Meeting

    The Coast Guard will hold a public meeting to receive comments to
potentially revise the rule titled ``Regulated Navigation Area;
Savannah River, Georgia'' that was published in the Federal Register on
September 10, 2007 (72 FR 51555). The meeting will take place on July
25, 2018 from 10 a.m. to 12 p.m. at Juliette Gordon Low Federal
Building, 100 W Oglethorpe Avenue, First Floor, Marine Safety Unit
Savannah Training Room, Savannah, GA 31401, telephone<PHONE_NUMBER>.
Please note that due to building security requirements, a valid
government-issued photo identification will be required for entrance
into the building. All visitors are subject to security screenings.
There is no parking at the building; there are various parking garages
that are within walking distance to the building.

    Dated: June 28, 2018.
N.C. Witt,
Commander, U.S. Coast Guard Captain of the Port Savannah.
[FR Doc. 2018-14356 Filed 7-3-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Rules and Regulations]
[Page 15316]
[FR Doc No: 2018-07262]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0272]

Drawbridge Operation Regulation; Grassy Sound Channel, Middle
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Grassy Sound Channel (Ocean Drive)
Bridge across Grassy Sound Channel, mile 1.0, at Middle Township, NJ.
The deviation is necessary to accommodate the free movement of
pedestrians and vehicles during the 2018 ``MudHen Half Marathon''. This
deviation allows the drawbridge to remain in the closed-to-navigation
position.

DATES: This deviation is effective from 7:30 a.m. to 11 a.m. on April
29, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0272], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH''. Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Mickey Sanders, Bridge
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6587, email [email protected].

SUPPLEMENTARY INFORMATION: The event director, DelMoSports LLC, with
approval from the Cape May County Bridge Commission, who owns and
operates the Grassy Sound Channel (Ocean Drive) Bridge, across Grassy
Sound Channel, mile 1.0, at Middle Township, NJ, requested a temporary
deviation from the current operating regulations to accommodate the
free movement of pedestrians and vehicles during the 2018 ``MudHen Half
Marathon''.
    The current operating schedule is set out in 33 CFR 117.721. Under
this temporary deviation, the drawbridge will be maintained in the
closed-to-navigation position from 7:30 a.m. to 11 a.m. on April 29,
2018. The Grassy Sound Channel is used by a variety of vessels
including small commercial vessels and recreational vessels. The Coast
Guard has carefully considered the nature and volume of vessel traffic
on the waterway in publishing this temporary deviation.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels unable to pass
through the bridge in the closed position. The Coast Guard will also
inform the users of the waterways through our Local and Broadcast
Notice to Mariners of the change in operating schedule for the bridge
so that vessel operators can arrange their transits to minimize any
impacts caused by this temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 5, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-07262 Filed 4-9-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: September 21, 2005 (Volume 70, Number 182)]
[Notices]
[Page 55436-55438]
[DOCID:fr21se05-131]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52431; File No. SR-NASD-2005-103]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Technical Changes to NASD Rule 3110 and IM-3110

September 14, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 6, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by Nasdaq. Nasdaq
has filed the proposal as a ``non-controversial'' rule change pursuant
to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)\4\
thereunder, which renders the proposed rule change effective upon
filing with the Commission.\5\ The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ Nasdaq asked the Commission to waive the 30-day operative
delay. See Rule 19b-4(f)(6)(iii). 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    Nasdaq is proposing to amend NASD Rule 3110 to re-label paragraph
(d) (Changes in Account Name or Designation) as paragraph (j), and
relocate the Interpretive Material 3110 (``IM-3110'') to the end of
NASD Rule 3110. The text of the proposed rule change is below. Proposed
new language is in italics; proposed deletions are in [brackets].
* * * * *

3100. BOOKS AND RECORDS, AND FINANCIAL CONDITION

3110. Books and Records

    (a) through (c) No change.
    [(d) Changes in Account Name or Designation]
    [Before any customer order is executed, there must be placed upon
the memorandum for each transaction, the name or designation of the
account (or accounts) for which such order is to be executed. No change
in such account name(s) (including related accounts) or designation(s)
(including error accounts) shall be made unless the change has been
authorized by a member or a person(s) designated under the provisions
of NASD rules. Such person must, prior to giving his or her approval of
the account designation change, be personally informed of the essential
facts relative thereto and indicate his or her approval of such change
in writing on the order or other similar record of the member. The
essential facts relied upon by the person approving the change must be
documented in writing and preserved for a period of not less than three
years, the first two years in an easily accessible place, as the term
``easily accessible place'' is used in SEC Rule 17a-4.]
    [For purposes of this paragraph (d), a person(s) designated under
the provisions of NASD rules to approve account name or designation
changes must pass a qualifying principal examination appropriate to the
business of the firm.]
    [* * *]

[IM-3110. Customer Account Information]

    [(a) Members should be aware that, effective January 1, 1990, any
transaction which involves a non-Nasdaq, non-exchange equity security
trading for less than five dollars per share may be subject to the
provisions of SEC Rules 15g-1 through 15g-9, and those rules should be
reviewed to determine if an executed customer suitability agreement is
required.]
    [(b) Additional information is required to be obtained prior to
making recommendations to customers (see Rule 2310) and in connection
with discretionary accounts (see Rule 2510).]
    [(c) Accounts opened, and recommendations made prior to January 1,
1991 remain subject to former Article III, Sections 2 and 21(c) as
previously in effect as set forth in Notice to Members 90-52 (August
1990).]
    [* * *]
    (d) through (i) No change.

(j) Changes in Account Name or Designation

    Before any customer order is executed, there must be placed upon
the memorandum for each transaction, the name or designation of the
account (or accounts) for which such order is to be executed. No change
in such account name(s) (including related accounts) or designation(s)
(including error accounts) shall be made unless the change has been
authorized by a member or a person(s) designated under the provisions
of NASD rules. Such person must, prior to giving his or her approval of
the account designation change, be personally informed of the essential
facts relative thereto and indicate his or her approval of such change
in writing on the order or other similar record of the member. The
essential facts relied upon by the person approving the change must be
documented in writing and preserved for a period of not less than three
years, the first two years in an easily accessible place, as the term
``easily accessible place'' is used in SEC Rule 17a-4.
    For purposes of this paragraph (j), a person(s) designated under
the provisions of NASD rules to approve account name or designation
changes must pass a qualifying principal examination appropriate to the
business of the firm.

IM-3110. Customer Account Information

    (a) Members should be aware that, effective January 1, 1990, any
transaction which involves a non-Nasdaq, non-exchange equity security
trading for less than five dollars per share may be subject to the
provisions of SEC Rules 15g-1 through 15g-9, and those rules should be
reviewed to determine if an executed customer suitability agreement is
required.
    (b) Additional information is required to be obtained prior to
making recommendations to customers (see Rule 2310) and in connection
with discretionary accounts (see Rule 2510).
    (c) Accounts opened, and recommendations made prior to January 1,
1991 remain subject to former Article III, Sections 2 and 21(c) as
previously in effect as set forth in Notice to Members 90-52 (August
1990).
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the

proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. Nasdaq has prepared summaries,
set forth in Sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    The Commission previously approved amendments to NASD Rule 3110
(Books and Records) to create new paragraphs (d) and (i) concerning
Changes in Account Name or Designation, and Holding of Customer Mail,
respectively.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 49883 (June 17,
2004), 69 FR 35092 (June 23, 2004) (SR-NASD-2002-162).
---------------------------------------------------------------------------

    In reviewing NASD Rule 3110, Nasdaq staff noticed that certain
provisions in NASD Rule 3110 were inadvertently labeled as being part
of the Interpretive Material, IM-3110 (Customer Account Information).
In seeking to re-label these provisions as part of NASD Rule 3110,
Nasdaq staff noticed that two paragraphs of NASD Rule 3110 are now
labeled as paragraph (d). To avoid confusion, Nasdaq proposes to re-
label paragraph (d) (Changes in Account Name or Designation) as
paragraph (j). In addition, Nasdaq proposes to move the Interpretive
Material, IM-3110, which consists only of paragraphs (a)-(c), and is
currently contained in the middle of NASD Rule 3110, to the end of the
rule. This change conforms IM-3110 to Nasdaq's general practice of
placing Interpretive Material after the rule to which it relates.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A(b)(6) of the Act,\7\ which requires,
among other things, that Nasdaq rules must be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, and, in general, to protect investors
and the public interest. Nasdaq believes that this technical change is
consistent with the protection of investors and the public interest in
that it will avoid any confusion when reading the provisions of NASD
Rule 3110.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) under the Act
requires the self-regulatory organization to provide the Commission
written notice of its intent to file the proposed rule change at
least five business days (or such shorter time as designated by the
Commission) before doing so. Nasdaq has requested that the
Commission waive the five-day pre-filing notice requirement. The
Commission granted Nasdaq's request.
---------------------------------------------------------------------------

    Nasdaq has requested that the Commission waive the 30-day pre-
operative period, which would make the proposed rule operative
immediately. The Commission believes waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because the proposed rule change is solely technical in nature and is
intended to alleviate confusion when reading the provisions of NASD
Rule 3110. For these reasons, the Commission designates the proposal to
be effective and operative upon filing with the Commission.\10\
---------------------------------------------------------------------------

    \10\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2005-103 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NASD-2005-103. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASD-2005-103
and should be submitted on or before October 12, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. 05-18767 Filed 9-20-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16037-16038]
[FR Doc No: 2021-06028]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2020-0720; Special Conditions No. 25-786-SC]

Special Conditions: The Boeing Company Model 787 Series Airplane;
Seats With Pretensioner Restraint Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued for The Boeing Company
(Boeing) Model 787 series airplane. This airplane will have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. This design feature is pretensioner restraint systems
installed on passenger seats. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: Effective April 26, 2021.

FOR FURTHER INFORMATION CONTACT: Shannon Lennon, Human-Machine
Interface Section, AIR-626, Technical Innovation Policy Branch, Policy
and Innovation Division, Aircraft Certification Service, Federal
Aviation Administration, 2200 South 216th Street, Des Moines,
Washington 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On November 8, 2018, Boeing applied for a change to Type
Certificate No. T00021SE for pretensioner restraint systems installed
on passenger seats in the Model 787 series airplane. This airplane is a
twin-engine, transport-category airplane with passenger seating
capacity of 420 and a maximum takeoff weight of 557,000 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the Model 787 series airplane, as
changed, continues to meet the applicable provisions of the regulations
listed in Type Certificate No. T00021SE or the applicable regulations
in effect on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for Boeing Model 787 series airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 787 series airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 787 series airplane will incorporate the following
novel or unusual design features:
    Forward-facing seats incorporating a shoulder harness with
pretensioner device, otherwise known as a pretensioner restraint
system, which is intended to protect the occupants from head injuries.

Discussion

    Boeing will install, in the Model 787 series airplane, forward-
facing seats that incorporate a shoulder harness with a pretensioner
system at each seat place for head-injury protection.
    Shoulder harnesses have been widely used on flight-attendant seats,
flight-deck seats, in business jets, and in general-aviation airplanes
to reduce occupant head injury in the event of an emergency landing.
Special conditions, pertinent regulations, and published guidance exist
that relate to other restraint systems. However, the use of
pretensioners in the restraint system on transport-airplane seats is a
novel design.
    The pretensioner restraint system utilizes a retractor which
eliminates slack in the shoulder harness and pulls the occupant back
into the seat prior to impact. This has the effect of reducing forward
translation of the occupant, reducing head arc, and reducing the loads
in the shoulder harness.
    Pretensioner technology involves a step-change in loading
experienced by the occupant for impacts below and above that at which
the device deploys, because activation of the shoulder harness, at the
point at which the pretensioner engages, interrupts upper-torso
excursion. This could result in the head injury criteria (HIC) being
higher at an intermediate impact condition than that resulting from the
maximum impact condition corresponding to the test conditions specified
in Sec.  25.562. See condition 1 in these special conditions.
    The ideal triangular maximum-severity pulse is defined in Advisory
Circular (AC) 25.562-1B, ``Dynamic Evaluation of Seat Restraint Systems
and Occupant Protection on Transport Airplanes.'' For the evaluation
and testing of less-severe pulses for purposes of assessing the
effectiveness of the pretensioner setting, a similar triangular pulse
should be used with acceleration, rise time, and velocity change scaled
accordingly. The magnitude of the required pulse should not deviate
below the ideal pulse by more than 0.5g until 1.33 t1 is reached, where
t1 represents the time interval between 0 and t1 on the referenced
pulse shape as shown in AC 25.562-1B. This is an acceptable method of
compliance to the test requirements of the special conditions.
    Additionally, the pretensioner might not provide protection, after
actuation, during secondary impacts. Therefore, the case where a small
impact is followed by a large impact should be addressed. If the
minimum deceleration severity at which the pretensioner is set to
deploy is unnecessarily low, the protection offered by the pretensioner
may be lost by the time a second, larger impact occurs.
    Conditions 1 through 4 ensure that the pretensioner system
activates when intended, to provide the necessary protection of
occupants. This includes protection of a range of occupants under
various accident conditions. Conditions 5 through 10 address
maintenance and reliability of the pretensioner system, including any
outside influences on the mechanism, to ensure it functions as
intended.

    The special conditions contain the additional safety standards that
the Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 25-20-08-
SC for the Boeing Model 787 series airplane, which was published in the
Federal Register on October 30, 2020 (85 FR 68801). No comments were
received, and the special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 787 series airplane. Should Boeing apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model series of airplane. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

[ssquf] Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Boeing Model 787 series airplane.
    In addition to the requirements of Sec.  25.562, forward-facing
passenger seats with pretensioner restraint systems must meet the
following:

1. Head Injury Criteria (HIC)

    The HIC value must not exceed 1000 at any condition at which the
pretensioner does or does not deploy, up to the maximum severity pulse
that corresponds to the test conditions specified in Sec.  25.562.
Tests must be performed to demonstrate this, taking into account any
necessary tolerances for deployment.
    When an airbag device is present in addition to the pretensioner
restraint system, and the anthropomorphic test device (ATD) has no
apparent contact with the seat/structure but has contact with an
airbag, a HIC unlimited scored in excess of 1000 is acceptable,
provided the HIC15 score (calculated in accordance with 49 CFR 571.208)
for that contact is less than 700.
    ATD head contact with the seat or other structure, through the
airbag, or contact subsequent to contact with the airbag, requires a
HIC value that does not exceed 1000.

2. Protection During Secondary Impacts

    The pretensioner activation setting must be demonstrated to
maximize the probability of the protection being available when needed,
considering secondary impacts.

3. Protection of Occupants Other Than 50th Percentile

    Protection of occupants for a range of stature from a 2-year-old
child to a 95th percentile male must be shown. For shoulder harnesses
that include pretensioners, protection of occupants other than a 50th
percentile male may be shown by test or analysis. In addition, the
pretensioner must not introduce a hazard to passengers due to the
following seating configurations:
    a. The seat occupant is holding an infant.
    b. The seat occupant is a child in a child-restraint device.
    c. The seat occupant is a pregnant woman.

4. Occupants Adopting the Brace Position

    Occupants in the traditional brace position when the pretensioner
activates must not experience adverse effects from the pretensioner
activation.

5. Inadvertent Pretensioner Actuation

    a. The probability of inadvertent pretensioner actuation must be
shown to be extremely remote (i.e., average probability per flight hour
of less than 10-7).
    b. The system must be shown to be not susceptible to inadvertent
pretensioner actuation as a result of wear and tear, nor inertia loads
resulting from in-flight or ground maneuvers likely to be experienced
in service.
    c. The seated occupant must not be seriously injured as a result of
inadvertent pretensioner actuation.
    d. Inadvertent pretensioner actuation must not cause a hazard to
the airplane, nor cause serious injury to anyone who may be positioned
close to the retractor or belt (e.g., seated in an adjacent seat or
standing adjacent to the seat).

6. Availability of the Pretensioner Function Prior to Flight

    The design must provide means for a crewmember to verify the
availability of the pretensioner function prior to each flight, or the
probability of failure of the pretensioner function must be
demonstrated to be extremely remote (i.e., average probability per
flight hour of less than 10-7) between inspection intervals.

7. Incorrect Seat Belt Orientation

    The system design must ensure that any incorrect orientation
(twisting) of the seat belt does not compromise the pretensioner
protection function.

8. Contamination Protection

    The pretensioner mechanisms and controls must be protected from
external contamination associated with that which could occur on or
around passenger seating.

9. Prevention of Hazards

    The pretensioner system must not induce a hazard to passengers in
case of fire, nor create a fire hazard, if activated.

10. Functionality After Loss of Power

    The system must function properly after loss of normal airplane
electrical power, and after a transverse separation in the fuselage at
the most critical location. A separation at the location of the system
does not have to be considered.

    Issued in Kansas City, Missouri, on March 17, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2021-06028 Filed 3-25-21; 8:45 am]
BILLING CODE 4910-13-P