[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62937-62939]
[FR Doc No: 2016-21914]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78782; File No. SR-NYSE-2016-58]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending Section 907.00 of the
NYSE Listed Company Manual To Adjust the Timing of Entitlements to
Complimentary Products and Services for Special Purpose Acquisition
Companies

September 7, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 26, 2016, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 907.00 of the NYSE Listed
Company Manual (the ``Manual'') to adjust the service entitlements of
special purpose acquisition companies (``SPACs'') under that rule. The
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Section 907.00 of the Manual to
adjust the service entitlements of special purpose acquisition
companies (``SPACs'') under that rule.
    The Exchange offers complimentary products and services for a
period of 24 calendar months from the date of initial listing to a
category of listed companies defined as Eligible New Listings. Eligible
New Listings include: (I) Any U.S. company that lists common stock on
the Exchange for the first time and any non-U.S. company that lists an
equity security on the Exchange under Section 102.01 or 103.00 of the
Manual for the first time, regardless of whether such U.S. or non-U.S.
company conducts an offering and (ii) any U.S. or non-U.S. company
emerging from a bankruptcy, spinoff (where a company lists new shares
in the absence of a public offering), and carve-out (where a company
carves out a business line or division, which then conducts a separate
initial public offering).
    Eligible New Listings are eligible for services as a Tier A or Tier
B company as follows:
     Tier A: For Eligible New Listings with a global market
value of $400 million or more, calculated as of the date of listing on
the Exchange, the Exchange offers market surveillance, market
analytics, Web-hosting, Web-casting, corporate governance tools, and
news distribution products and services for a period of 24 calendar
months from the date of listing.
     Tier B: For Eligible New Listings with a global market
value of less than $400 million, calculated as of the date of listing
on the Exchange, the Exchange offers Web-hosting, market analytics,
Web-casting, corporate governance tools, and news distribution products
and services for a period of 24 calendar months from the date of
listing.
    Notwithstanding the foregoing, however, if an Eligible New Listing
begins to use a particular product or service provided for under
Section 907.00 within 30 days of its initial listing date, the
complimentary period will begin on the date of first use.\4\
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    \4\ The Exchange does not propose to make any changes in this
filing to the values of the various services set forth above as
provided to eligible listed companies as specified in Section
907.00.
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    A SPAC is a special purpose company formed for the purpose of
effecting a merger, capital stock exchange, asset acquisition, stock
purchase, reorganization or similar business combination with one or
more operating businesses or assets. To qualify for initial listing a
SPAC must meet the requirements of Section 102.06 and 102.01A of the
Manual.\5\ Section 102.06 of the Manual provides that the Exchange will
consider on a case-by-case basis the appropriateness for listing of
SPACs that conduct an initial public offering of which at least 90% of
the proceeds, together with the proceeds of any other concurrent sales
of the SPAC's equity securities, will be held in a trust account
controlled by an independent custodian (the ``Trust Account'') until
consummation of a business combination in the form of a merger, capital
stock exchange, asset acquisition, stock purchase, reorganization, or
similar business combination with one or more operating businesses or
assets with a fair market value equal to at least 80% of the net assets
held in trust (net of amounts disbursed to management for working
capital purposes and excluding the amount of any deferred underwriting
discount held in trust) (a ``Business Combination'' or the ``Business
Combination Condition''). Under Section 102.06, the SPAC must be
liquidated if no Business Combination has been consummated within a
specified time period not to exceed three years. The Exchange will
promptly commence delisting procedures with respect to any SPAC that
fails to consummate its Business Combination within (i) the time period
specified by its constitutive documents or by contract or (ii) three
years, whichever is shorter.
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    \5\ Section 102.06 refers to SPACs as ``acquisition companies''
or ``ACs.''
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    The Exchange now proposes to amend Section 907.00 to exclude newly-
listed SPACs from the definition of Eligible New Listings. In lieu of
receiving these services at the time of initial listing, the proposed
amended rule would treat a SPAC that remains listed after meeting the
Business Combination Condition as an Eligible New Listing and would
provide the services to which that status would entitle it for 24
months from the date of meeting the Business Combination Condition.
    The Exchange believes this approach is appropriate in light of the
special characteristics of a SPAC. SPACs raise money on a one-time
basis and typically trade at a price that is very close to their
liquidation value. As such, SPAC managements are typically not focused
on their stock price and investor relations to the same degree as
operating companies are. As the services provided to Eligible New
Listings are targeted in large part on those market-driven concerns of
newly-listed operating companies, they are less useful to SPACs. A SPAC
that has met the Business Combination Condition, on the other hand, is
similarly situated to a newly-formed publicly-traded operating company
and the Exchange believes that the services provided to Eligible New
Listings will be as relevant and attractive to a SPAC that has met the
Business Combination Condition as to the newly-listed operating
companies that are generally eligible for those services.
    The Exchange believes that companies will often require a period of
time after meeting the Business Combination Condition to complete the
contracting and training process with vendors providing the
complimentary products and services. Therefore, many companies may not
be able to begin using the suite of products offered to them
immediately on becoming eligible. To address this issue, the Exchange
proposes to specify in Section 907.00 that if a SPAC that has met the
Business Combination Condition begins using a particular service within
30 days after the date of meeting the Business Combination Condition,
the complimentary period begins on such date of first use. In all other
instances, the complimentary period will begin on the date the SPAC
meets the Business Combination Condition.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) \7\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities. The Exchange also believes that the
proposed rule change is consistent with Section 6(b)(5) \8\ of the Act
in that it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is reasonable to offer complimentary
products and services to attract and retain listings and respond to
competitive pressures. As SPACs are unlikely to utilize the services
available to them currently at the time of initial listing but would
likely find those services useful if they remain listed after

they meet the Business Combination Condition, the Exchange believes it
is reasonable to shift the time when SPACs are eligible for the
services available to Eligible New Listings to the period immediately
after meeting the Business Combination Condition.
    The Exchange believes that it is not unfairly discriminatory to
provide SPACs with the applicable services only if and when they meet
the Business Combination Condition. The Exchange recognizes that not
all SPACs will meet the Business Combination Condition and that some
listed SPACs will therefore never become eligible for the services that
would be provided to an otherwise similarly qualified operating
company. However, given the specific characteristics of the SPAC
structure, these services are generally not of any particular value to
a SPAC prior to meeting the Business Combination Condition and the
Exchange therefore believes that those SPACs that never qualify for the
services will not suffer any meaningful detriment as a consequence.
    Allowing SPACs up to 30 days after meeting the Business Combination
Condition to start using the complimentary products and services is a
reflection of the Exchange's experience that it can take companies a
period of time to review and complete necessary contracts and training
for services following their becoming eligible for those services.
Allowing this modest 30 day period, if the company needs it, helps
ensure that the company will have the benefit of the full period
permitted under the rule to actually use the services, thus giving
companies the full intended benefit.

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. In many cases, SPACs will
consider transferring to a new listing venue at the time they meet the
Business Combination Condition. The proposed rule change enables the
Exchange to compete for the retention of these companies by offering
them a package of complimentary products and services that assist their
transition to being a publicly listed operating company for the first
time. All similarly situated companies are eligible for the same
package of services. Therefore, the proposed amendment to Section
907.00 will increase competition by enabling the Exchange to more
effectively compete for listings.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2016-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2016-58. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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; 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-2016-58 and should be
submitted on or before October 4, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-21914 Filed 9-12-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 30, 2008 (Volume 73, Number 147)]
[Rules and Regulations]
[Page 44171]
[DOCID:fr30jy08-19]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385 and 395

[Docket No. FMCSA-2004-19608]
RIN 2126-AB14

Hours of Service of Drivers; Availability of Supplemental
Documents

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of availability of supplemental documents.

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SUMMARY: This notice advises the public that FMCSA is placing in the
public docket four additional documents concerning hours of service
(HOS) for commercial motor vehicle drivers. FMCSA published an interim
final rule (IFR) on this issue on December 17, 2007. The Agency now
dockets the supplemental documents.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations. Telephone<PHONE_NUMBER> or E-mail
<EMAIL_ADDRESS>Office hours are from 7:45 a.m. to 4:15 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On August 25, 2005, FMCSA published a final
HOS rule (``2005 rule'') (70 FR 49978). On July 24, 2007, the D.C.
Circuit Court vacated the 11-hour driving time and 34-hour restart
provisions of the 2005 rule (Owner-Operator Independent Drivers
Association, Inc. v. Federal Motor Carrier Safety Administration, 494
F.3d 188 (D.C. Cir. 2007)). In response to the D.C. Circuit Court
decision, FMCSA published an interim final rule (IFR) on December 17,
2007 (72 FR 71247) that reinstated the two provisions vacated by the
Court and sought further comments on those provisions.
    For a full background on this rulemaking, please see the preamble
to the December 2007 HOS IFR. The docket for this rulemaking (FMCSA-
2004-19608) contains all of the background information for this
rulemaking, including comments.
    This notice calls attention to four additional supplemental
documents. FMCSA places the following four electronic files in the
docket at FMCSA-2004-19608-3488:
     ``HOS Model Description and Guide.doc'' (149 kilobytes) A
description of the FMCSA HOS Simulation Computer Model and instructions
for its use.
     ``HOS Simulation Model Sleeper.xls'' (34 megabytes (MB))
An FMCSA HOS Simulation Computer Model including sleeper-berth use.
     ``HOS Simulation Model No Sleeper.xls'' (33 MB) An FMCSA
HOS Simulation Computer Model excluding sleeper-berth use.
     ``HOS Simulation Model Outputs.xls'' (6.4 MB) A subset of
outputs from the FMCSA HOS Simulation Computer Model, showing details
of calculations as used in the 2007 Regulatory Impact Analysis in
Docket Item FMCSA-2004-19608-2529.''
    The HOS Computer Simulation Program is a complex FMCSA computer
model simulating the movements of a single vehicle (with one or two
drivers and in different scenarios) operated in compliance with the
FMCSA HOS regulations. This model was used in the 2007 Regulatory
Impact Analysis and is Docket Item FMCSA-2004-19608-2529. The HOS
requirements may be modified by the simulation program user, allowing
the model to analyze various types of HOS options to show the marginal
impact on driver productivity, which could be translated into cost
effects. The computer model uses the Visual Basic programming language
to operate a macro-driven Microsoft Excel(TM) spreadsheet.

    Issued on: July 23, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-17409 Filed 7-29-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8651-8653]
[FR Doc No: 2011-3357]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1093]
RIN 1625-AA08

Special Local Regulation; Mavericks Surf Competition, Half Moon
Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on certain navigable waters of Half Moon Bay in support of
the Mavericks Surf Competition. This special local regulation is
necessary to ensure the safety of participants and spectators during
the event. Entry into this zone is prohibited unless authorized by the
Captain of the Port San Francisco, CA.

DATES: This rule is effective from February 15, 2011 through February
28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1093 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1093 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Liezl Nicholas at (415)
399-7436, or e-mail<EMAIL_ADDRESS>If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to provide
for the safety of life and property on navigable waters. Because of the
dangers posed by the surf conditions during the Mavericks Surf
Competition, the special local regulation is necessary to provide for
the safety of event participants, spectators, spectator craft, and
other vessels transiting the event area. For the safety concerns noted,
it is in the public interest to have these regulations in effect during
the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the surf
conditions during the Mavericks Surf Competition.

Basis and Purpose

    The Mavericks Surf Competition is a one day ``Big Wave'' surfing
competition consisting of the top 24 big wave surfers and only occurs
when 15-20 foot waves are sustained for over 24 hours and are combined
with mild easterly winds of no more than 5-10 knots. Because weather
conditions are integral to the occurrence of the Maverick Surf
Competition, the exact date of the event cannot be determined in
advance. The rock and reef ridges that make up the sea floor of the
Pillar Point area combined with just the right weather conditions
create the large waves that Mavericks is known for. Due to the
treacherous terrain and un-navigable areas surrounding Pillar Point,
the Coast Guard is establishing a special local regulation within a
1,000 yard radius of Pillar Point that restricts navigation near the
surf competition area and neighboring treacherous terrain and
identifies the safest area for spectator viewing on the water.

Discussion of Rule

    The Coast Guard is establishing a special local regulation within a
1,000 yard radius of Pillar Point in Half Moon Bay. The Mavericks Surf
Competition will occur in the vicinity of Pillar Point in the navigable
waters of Half Moon Bay, and the spectator viewing area will be located
inside the following coordinates: 37[deg]29.265' N 122[deg]30.165' W,
37[deg]29.248' N 122[deg]29.978' W, and 37[deg]29.406' N
122[deg]30.081' W (NAD 83). Competitors, participating agencies (Coast
Guard, San Mateo Police Marine Patrol, Pillar Point Harbor Patrol, San
Mateo Fire Marine Patrol) and the public (to include but not restricted
to: Commercial sightseeing vessels, photographer platforms and
recreational boaters) will be given 48 hours notice prior to the start
of the one day competition. This action is necessary to ensure the
safety of participants and spectators during the event. During the
enforcement period, unauthorized persons (persons not classified as
spectators, participants or participating agencies) or vessels are
prohibited from transiting through, anchoring, blocking, or loitering
in the regulated area without permission of the Captain of the Port
(COTP) or their designated representative.
    The effect of the temporary special local regulation will be to
regulate navigation in the vicinity of Pillar Point while the Mavericks
Surf Competition is taking place. Except for persons or vessels
authorized by the Coast Guard Patrol Commander (persons classified as
spectators, participants or participating agencies), no person or
vessel may transit within the bounds of the regulated area. These
regulations are needed to keep spectators and vessels a safe distance
away from the event participants and the un-navigable waters
surrounding Pillar Point and to ensure the safety of participants,
spectators, and transiting vessels.
    The Coast Guard will enforce the temporary special local regulation
from 8 a.m. to 3 p.m. on a date to be determined. Notification of the
enforcement of the special local regulation will be provided to the
public via broadcast notice to mariners, as well as through advertising
on local media.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and

Budget has not reviewed it under that Order.
    Although this rule regulates navigation in the waters encompassed
by the regulated area, the effect of this rule will not be significant.
The entities most likely to be affected are pleasure craft engaged in
recreational activities. In addition, the rule will only regulate
navigation for a limited time. Finally, the Public Broadcast Notice to
Mariners will notify the users of local waterway to ensure that the
regulated area will result in minimum impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: owners and operators of pleasure craft engaged in
recreational activities and sightseeing intending to transit the area
during the period of enforcement. This rule will not have a significant
economic impact on a substantial number of small entities for several
reasons: (i) This rule will encompass only a small portion of the
waterway for a limited period of time; (ii) vessel traffic can pass
safely around the area; (iii) vessels engaged in recreational
activities and sightseeing have ample space outside of the affected
areas of Half Moon Bay, CA to engage in these activities; and (iv) the
maritime public will be advised in advance of this regulated area via
Broadcast Notice to Mariners.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human

environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction. This rule involves establishing
a temporary special local regulation.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.

0
2. Add Sec.  100.T11-388 to read as follows:

Sec.  100.T11-388  Special Local Regulation; Mavericks Surf
Competition, Half Moon Bay, CA.

    (a) Regulated area. (1) This temporary special local regulation is
established for the waters located within a 1,000 yard radius of Pillar
Point during the Mavericks Surf Competition.
    (2) The spectator viewing area is located inside the following
coordinates: 37[deg]29.265' N 122[deg]30.165' W, 37[deg]29.248' N
122[deg]29.978' W, and 37[deg]29.406' N 122[deg]30.081' W (NAD 83).
    (b) Enforcement Period. On the date of the event, as determined by
weather conditions, the special local regulation will be enforced from
8 a.m. to 3 p.m.
    (c) Special local regulations. (1) Entry into, transiting, or
anchoring within the regulated area as defined in (a)(1) of this
section is prohibited unless authorized by the Captain of the Port San
Francisco (COTP) or a designated representative. The regulated area is
closed to all vessel traffic, except as may be permitted by the COTP or
a designated representative.
    (2) Persons or vessels that have been authorized to enter the area
must comply with all directions given to them by the COTP or a
designated representative.
    (3) Spectators wishing to view the competition on the water may
only do so from the spectator viewing area defined in paragraph (a)(2)
of this section.
    (4) Persons or vessels may request permission to enter the
regulated area on VHF-16 or through the 24-hour Command Center
telephone at<PHONE_NUMBER>.
    (5) ``Designated representative'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, and a Federal, State, or local
officer designated by or assisting the COTP in the enforcement of the
special local regulation.
    (d) Effective period. This section is effective during the
Mavericks Surf Competition which is a one day competition scheduled to
take place when organizers of the competition deem surf conditions to
be appropriate on a day between January 26, 2011 and February 28, 2011.

    Dated: January 25, 2011.
J.W. Jewess,
Captain, U.S. Coast Guard, Acting Captain of the Port San Francisco.
[FR Doc. 2011-3357 Filed 2-14-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Proposed Rules]
[Page 34276-34279]
[DOCID:fr15jy09-33]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0610; Directorate Identifier 2009-NM-021-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 14, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5

p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0610;
Directorate Identifier 2009-NM-021-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2008-09-01, dated September 30, 2008 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *

Required actions include modifying the electrical wiring in the
overhead panel of the cockpit, modifying the air data smart probe 3B
power supply bus, and modifying the Aeronautical Radio Incorporated
(ARINC) 429 data bus, as applicable. You may obtain further information
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued the service bulletins listed in the ``Service
Information'' table.

                                               Service Information
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-24-0019............................  Original..................  December 6, 2006.
170-24-0020............................  Original..................  November 30, 2006.
170-31-0020............................  01........................  May 21, 2008.
----------------------------------------------------------------------------------------------------------------

The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 77 products of U.S. registry. We also estimate that
it would take about 62 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $668 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $433,356, or $5,628 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Empresa Brasileira De Aeronautica S.A. (Embraer): Docket No. FAA-
2009-0610; Directorate Identifier 2009-NM-021-AD.

Comments Due Date

    (a) We must receive comments by August 14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes;
certificated in any category; as identified in Embraer Service
Bulletins 170-24-0019, dated December 6, 2006; 170-24-0020, dated
November 30, 2006; and 170-31-0020, Revision 01, dated May 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Codes 24 and 31:
Electrical power and Instruments, respectively.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *

Required actions include modifying the electrical wiring in the
overhead panel of the cockpit, modifying the air data smart probe 3B
power supply bus, and modifying the Aeronautical Radio Incorporated
(ARINC) 429 data bus, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions as applicable.
    (1) For airplanes identified in Embraer Service Bulletin 170-24-
0019, dated December 6, 2006: Within 6,000 flight hours after the
effective date of this AD, modify the electrical wiring in the
overhead panel of the cockpit in accordance with Embraer Service
Bulletin 170-24-0019, dated December 6, 2006.
    (2) For airplanes identified in Embraer Service Bulletin 170-24-
0020, dated November 30, 2006: Within 6,000 flight hours after the
effective date of this AD, change the Air Data Smart Probe 3 channel
B power supply bus from ESS2 to ESS3 in accordance with Embraer
Service Bulletin 170-24-0020, dated November 30, 2006.
    (3) For airplanes identified in Embraer Service Bulletin 170-31-
0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours
after the effective date of this AD, duplicate the Aeronautical
Radio Incorporated (ARINC) 429 airspeed signal for an extension
longer than the rotor burst impact area; change the primary power
source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS
BUS 2 to include an additional ground and to provide dual electrical
power to MAU 2; and change the wiring of the slat/flap actuators
control electronics (SF-ACE) 1 and 2 to primary actuator control
electronics (P-ACE) 1, 2, and 3; in accordance with Embraer Service
Bulletin 170-31-0020, Revision 01, dated May 21, 2008.
    (4) Actions accomplished before the effective date of this AD
according to Embraer Service Bulletin 170-31-0020, dated July 20,
2007, are considered acceptable for compliance with the
corresponding actions specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2848; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2008-09-
01, dated September 30, 2008, and the service information identified
in Table 1 of this AD, for related information.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-24-0019............................  Original..................  December 6, 2006.
170-24-0020............................  Original..................  November 30, 2006.
170-31-0020............................  01........................  May 21, 2008.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on July 8, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-16779 Filed 7-14-09; 8:45 am]

BILLING CODE 4910-13-P


EPA Holds Conference Call with Bayer CropScience to Discuss Progress on Residue Data Required to Support Imidacloprid Registration Review
               Thursday May 12, 2011 1:00 PM EST  -  1:30 PM EST
Participants:  Tom Moriarty (EPA), Rusty Wasem (EPA), Jamin Huang (Bayer), Dave Fischer (Bayer), David Sturdivant (Bayer), Lisa Bowers (Bayer), Francis Duah (Bayer).
This conference call was held at the Agency's request to discuss the status of the pollen and nectar residue studies required to support the registration review of imidacloprid.  The residue studies in question are four year studies that require residue samples be collected in consecutive growing seasons.  Bayer informed the Agency it was on schedule and confirmed its commitment to meeting the four year deadline.