[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79235-79239]
[FR Doc No: 2020-26990]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90556; File No. SR-NYSEArca-2020-101]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Streamline the
NYSE Arca Equities Fees and Charges

December 3, 2020
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on November 23, 2020, NYSE Arca, Inc. (``NYSE Arca'' 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 Exchange. 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 streamline the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') by deleting redundant rule text from Tier 1,
Tier 2 and Tier 3 pricing tiers. The Exchange proposes to implement the
fee changes effective November 23, 2020. The proposed rule change is
available on the Exchange's website 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to streamline the Fee Schedule by deleting
redundant rule text from Tier 1, Tier 2 and Tier 3 pricing tiers. The
Exchange proposes to implement the fee changes effective November 23,
2020.
    Currently, each of Tier 1, Tier 2 and Tier 3 pricing tiers provides
fees and credits that ETP Holders \4\ can qualify for if they meet the
prescribed volume criteria.
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    \4\ All references to ETP Holders in connection with this
proposed fee change include Market Makers.
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    Historically, in addition to the fees and credits applicable to
each of Tier 1, Tier 2 and Tier 3 pricing tiers, each such tier also
included the Basic Rates fees and credits. The Exchange believes this
approach has caused more confusion than clarity and proposes to delete
the redundant rule text that appears in Tier 1, Tier 2 and Tier 3. Each
of the fees and credits proposed for deletion currently appear under
the Basic Rates section of the Fee Schedule and would continue to apply
to ETP Holders for their activity that falls outside of Tier 1, Tier 2
and Tier 3, as applicable. The Exchange is not proposing any change to
the fees and credits applicable to ETP Holders other than to delete
redundant text from Tier 1, Tier 2 and Tier 3.
    Under Tier 1, ETP Holders that provide liquidity an average daily
share volume per month of 0.70% or more of the US consolidated average
daily volume (``US CADV'') \5\ pay a fee of $0.0030 per share for
orders, including Primary Only (``PO'') Orders, routed to any away
market that remove liquidity in Tape A, Tape B and Tape C securities,
and receive a credit of $0.0031 per share for orders that provide
liquidity in Tape A securities, $0.0023 per share in Tape B
securities,\6\ and $0.0032 per share in Tape C securities.
Additionally, ETP Holders that qualify for Tier 1 also pay a fee of
$0.0010 per share for Market, Market-On-Close, Limit-On-Close, and
Auction-Only Orders executed in a Closing Auction. All other fees and
credits under Tier 1 are identical to the fees and credits provided
under the Basic Rates section of the Fee Schedule. The Exchange is not
proposing to adopt any new fees or credits or remove any current fees
or credits under Tier 1 with this proposed rule change.
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    \5\ US CADV means United States Consolidated Average Daily
Volume for transactions reported to the Consolidated Tape, excluding
odd lots through January 31, 2014 (except for purposes of Lead
Market Maker pricing), and excludes volume on days when the market
closes early and on the date of the annual reconstitution of the
Russell Investments Indexes. Transactions that are not reported to
the Consolidated Tape are not included in US CADV. See Fee Schedule,
footnote 3.
    \6\ Pursuant to the LMM Transaction Fees and Credits pricing
program, ETP Holders affiliated with LMMs can receive an additional
credit when such ETP Holders provide displayed liquidity to the Book
based on the number of Less Active ETP Securities in which the LMM
is registered as the LMM. See Securities Exchange Act Release No.
87978 (January 15, 2020), 85 FR 3727 (January 22, 2020) (SR-
NYSEArca-2020-03).
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    Accordingly, the Exchange proposes to delete the following fees and
credits applicable to Tape A and Tape C securities under Tier 1 of the
Fee Schedule, all of which currently appear under Basic Rates on the
Fee Schedule:
     $0.0030 per share (fee) for orders that take liquidity
from the Book for Tape A Securities and Tape C Securities.
     For Mid-Point Liquidity (``MPL'') orders providing
liquidity to the Book:
    [cir] $0.0015 per share (credit) in Tape A Securities and $0.0020
per share (credit) in Tape C Securities if provided liquidity in MPL
Orders for Tape A, Tape B and Tape C Securities combined (``MPL Adding
ADV'') during the billing month is at least 3 million shares;
    [cir] $0.0015 per share (credit) in Tape A Securities and Tape C
Securities if MPL Adding ADV during the billing month is at least 1.5
million shares and less than 3 million shares;
    [cir] $0.0010 per share (credit) in Tape A and Tape C Securities.
     $0.0030 per share (fee) for MPL orders removing liquidity
from the Book that are not designated as ``Retail Orders'' defined
below.
     $0.0010 per share (fee) for MPL orders removing liquidity
from the Book and are designated as ``retail'' that meet the
requirements of Rule 7.44-E(a)(3) but that are not executed in the
Retail Liquidity Program (``Retail Orders'').
     $0.0015 per share (fee) for Market and Auction-Only Orders
executed in an Early Open Auction, Core Open Auction or Trading Halt
Auction, capped at $20,000 per month per Equity Trading Permit ID.
     No fee or credit for Limit Non-Displayed Orders that
provide liquidity to the Book.
     $0.0030 per share (fee) for Limit Non-Displayed Orders
that take liquidity from the Book.
    Additionally, the Exchange proposes to delete the following fees
and credits applicable to Tape A securities under Tier 1 of the Fee
Schedule:
     $0.0012 per share (credit) for PO Orders that provide
liquidity to the NYSE.
     $0.0010 per share (fee) for PO Orders routed to the NYSE
that execute in the opening or closing auction.
    Finally, under Tier 1, the Fee Schedule currently provides for a
fee of $0.0029 per share for orders in Tape B securities that take
liquidity from the Book, and a fee of $0.0029 per share for Limit Non-
Displayed Orders that take liquidity from the Book. The Exchange
proposes to merge these two fees into a single fee by adding the words
``including Limit Non-Displayed Limit Orders'' to the former fee and
deleting the text of the latter from the Fee Schedule. In addition,
similar to the statement that currently appears at the end of Tier 3 of
the Fee Schedule, the Exchange proposes to add the words ``For all
other fees and credits, Basic Rates apply'' at the end of Tier 1 to
clarify that the rates that are proposed for deletion would continue to
apply to ETP Holders that qualify for Tier 1 for all of their other
trading activity. The Exchange also proposes to delete the following
fees and credits applicable to Tape B securities under Tier 1 as each
are duplicative and currently appear under Basic Rates:
     No per share (credit) for PO orders routed to NYSE
American that provide liquidity to the NYSE American Book.
     MPL orders providing liquidity to the Book:
    [cir] $0.0020 per share (credit) if MPL Adding ADV during the
billing month is at least 3 million shares;
    [cir] $0.0015 per share (credit) if MPL Adding ADV during the
billing month is at least 1.5 million shares and less than 3 million
shares;
    [cir] $0.0010 per share (credit) if MPL Adding ADV during the
billing month is less than 1.5 million shares.
     $0.0030 per share (fee) for MPL orders removing liquidity
from the Book that are not designated as Retail Orders.
     $0.0010 per share (fee) for MPL orders removing liquidity
from the Book that are designated as Retail Orders.
     $0.0015 per share (fee) for Market and Auction-Only Orders
executed in an Early Open Auction, Core Open Auction or Trading Halt
Auction, capped at $20,000 per month per Equity Trading Permit ID.
     $0.0005 per share (fee) for PO Orders routed to NYSE
American that execute in the opening or closing auction.
     No fee or credit for Limit Non-Displayed Orders that
provide liquidity to the Book.
    Under Tier 2, ETP Holders can qualify for the applicable fees and
credits in one of two ways. ETP Holders can either provide liquidity an
average daily share volume per month of 0.30% or more,

but less than 0.70% of the US CADV. Alternatively, ETP Holders can (a)
provide liquidity an average daily share volume per month of 0.25% or
more, but less than 0.70% of the US CADV, (b) execute removing volume
in Tape B Securities equal to at least 0.40% of US Tape B CADV, and (c)
maintain affiliation with an OTP Holder or OTP Firm that provides an
ADV of electronic posted Customer and Professional Customer executions
in all issues on NYSE Arca Options (excluding mini options) of at least
0.25% of total Customer equity and ETF option ADV as reported by OCC.
    ETP Holders that qualify for Tier 2 pay a fee of $0.0030 per share
for orders, including PO Orders, routed to any away market that remove
liquidity in Tape A, Tape B and Tape C securities, and receive a credit
of $0.0029 per share for orders that provide liquidity in Tape A and
Tape C securities,\7\ and $0.0022 per share for orders that provide
liquidity in Tape B securities.\8\ All other fees and credits under
Tier 2 are identical to the fees and credits provided under the Basic
Rates section of the Fee Schedule. The Exchange is not proposing to
adopt any new fees or credits or remove any current fees or credits
under Tier 2 with this proposed rule change.
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    \7\ Under Tier 2, ETP Holders can alternatively qualify for a
credit of $0.0031 per share for orders in Tape A and Tape C
securities that provide displayed liquidity if such ETP Holder meets
the requirements of Tier 2 and, (1) executes providing volume equal
to at least 0.30% of US CADV, (2) executes removing volume equal to
at least 0.285% of US CADV, and (3) executes Market-On-Close and
Limit-On-Close Orders executed in a Closing Auction of at least
0.075% of US CADV.
    \8\ Under Tier 2, ETP Holders can alternatively qualify for a
credit of $0.0024 per share for orders in Tape B securities that
provide displayed liquidity if such ETP Holder meets the
requirements of Tier 2 and, (1) executes providing volume equal to
at least 0.30% of US CADV, (2) executes removing volume equal to at
least 0.285% of US CADV, and (3) executes Market-On-Close and Limit-
On-Close Orders executed in a Closing Auction of at least 0.075% of
US CADV. Pursuant to the LMM Transaction Fees and Credits pricing
program, ETP Holders affiliated with LMMs can receive an additional
credit when such ETP Holders provide displayed liquidity to the Book
in Tape B securities based on the number of Less Active ETP
Securities in which the LMM is registered as the LMM.
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    Accordingly, the Exchange proposes to delete the following fees and
credits applicable to Tape A and Tape C securities under Tier 2 of the
Fee Schedule, all of which currently appear under Basic Rates on the
Fee Schedule:
     $0.0030 per share (fee) for orders that take liquidity
from the Book.
     For Mid-Point Liquidity (``MPL'') orders providing
liquidity to the Book:
    [cir] $0.0015 per share (credit) in Tape A Securities and $0.0020
per share (credit) in Tape C Securities if provided liquidity in MPL
Orders for Tape A, Tape B and Tape C Securities combined (``MPL Adding
ADV'') during the billing month is at least 3 million shares;
    [cir] $0.0015 per share (credit) in Tape A Securities and Tape C
Securities if MPL Adding ADV during the billing month is at least 1.5
million shares and less than 3 million shares;
    [cir] $0.0010 per share (credit) in Tape A and Tape C Securities.
     $0.0030 per share (fee) for MPL orders removing liquidity
from the Book that are not designated as ``Retail Orders'' defined
below.
     $0.0010 per share (fee) for MPL orders removing liquidity
from the Book that are designated Retail Orders.
     $0.0015 per share (fee) for Market and Auction-Only Orders
executed in an Early Open Auction, Core Open Auction or Trading Halt
Auction, capped at $20,000 per month per Equity Trading Permit ID.
     No fee or credit for Limit Non-Displayed Orders that
provide liquidity to the Book.
     $0.0030 per share (fee) for Limit Non-Displayed Orders
that take liquidity from the Book.
    Additionally, the Exchange proposes to delete the following fees
and credits applicable to Tape A securities under Tier 2 of the Fee
Schedule:
     $0.0012 per share (credit) for PO Orders that provide
liquidity to the NYSE.
     $0.0010 per share (fee) for PO Orders routed to the NYSE
that execute in the opening or closing auction.
    Finally, under Tier 2, the Fee Schedule currently provides for a
fee of $0.0029 per share for orders in Tape B securities that take
liquidity from the Book, and a fee of $0.0029 per share for Limit Non-
Displayed Orders that take liquidity from the Book. The Exchange
proposes to merge these two fees into a single fee by adding the words
``including Limit Non-Displayed Limit Orders'' to the former fee and
deleting the text of the latter from the Fee Schedule. In addition,
similar to the statement that currently appears at the end of Tier 3 of
the Fee Schedule, the Exchange proposes to add the words ``For all
other fees and credits, Basic Rates apply'' at the end of Tier 2 to
clarify that the rates that are proposed for deletion would continue to
apply to ETP Holders that qualify for Tier 2 for all of their other
trading activity. The Exchange also proposes to delete the following
fees and credits applicable to Tape B securities under Tier 2 as each
are duplicative and currently appear under Basic Rates:
     No per share (credit) for PO orders routed to NYSE
American that provide liquidity to the NYSE American Book.
     MPL orders providing liquidity to the Book:
    [cir] $0.0020 per share (credit) if MPL Adding ADV during the
billing month is at least 3 million shares;
    [cir] $0.0015 per share (credit) if MPL Adding ADV during the
billing month is at least 1.5 million shares and less than 3 million
shares;
    [cir] $0.0010 per share (credit) if MPL Adding ADV during the
billing month is less than 1.5 million shares.
     $0.0030 per share (fee) for MPL orders removing liquidity
from the Book that are not designated as Retail Orders.
     $0.0010 per share (fee) for MPL orders removing liquidity
from the Book that are designated as Retail Orders.
     $0.0015 per share (fee) for Market and Auction-Only Orders
executed in an Early Open Auction, Core Open Auction or Trading Halt
Auction, capped at $20,000 per month per Equity Trading Permit ID.
     $0.0005 per share (fee) for PO Orders routed to NYSE
American that execute in the opening or closing auction.
     No fee or credit for Limit Non-Displayed Orders that
provide liquidity to the Book.
    Under Tier 3, ETP Holders that provide liquidity an average daily
share volume per month of 0.20% or more, but less than 0.30% of the US
CADV pay a fee of $0.0030 per share for orders, including PO Orders,
routed to any away market that remove liquidity in Tape A, Tape B and
Tape C securities, and receive a credit of $0.0025 per share for orders
that provide liquidity in Tape A and Tape C securities,\9\ or and
$0.0022 per share in Tape B securities.\10\ Additionally, ETP Holders
that qualify for Tier 3 also pay a fee of $0.0010 per share for Market,
Market-On-Close, Limit-On-Close, and Auction-Only Orders executed in a
Closing Auction. All other fees and credits under Tier 3 are identical
to the fees and credits provided under the Basic Rates section of the
Fee Schedule. The Exchange is

not proposing to adopt any new fees or credits or remove any current
fees or credits under Tier 3 with this proposed rule change.
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    \9\ Under Tier 3, ETP Holder can also receive a credit of
$0.0027 per share for orders in Tape A and Tape C securities if the
ETP Holder meets the requirements of Tier 3 and its ADV of executed
orders that provide liquidity is at least 0.05% of US CADV more than
the ETP Holder's ADV of executed orders that provide liquidity as a
percent of US CADV in May 2019.
    \10\ Pursuant to the LMM Transaction Fees and Credits pricing
program, ETP Holders affiliated with LMMs can receive an additional
credit when such ETP Holders provide displayed liquidity to the Book
based on the number of Less Active ETP Securities in which the LMM
is registered as the LMM.
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    Accordingly, the Exchange proposes to delete the following fees and
credits applicable to Tape A and Tape C securities under Tier 3 of the
Fee Schedule, all of which currently appear under Basic Rates on the
Fee Schedule:
     $0.0030 per share (fee) for orders that take liquidity
from the Book.
     No fee or credit for Limit Non-Displayed Orders that
provide liquidity to the Book.
     $0.0030 per share (fee) for Limit Non-Displayed Orders
that take liquidity from the Book.
    Additionally, the Exchange proposes to delete the following fee
applicable to Tape A securities under Tier 3 of the Fee Schedule:
     $0.0010 per share (fee) for PO Orders routed to the NYSE
that execute in the opening or closing auction.
    Finally, under Tier 3, the Fee Schedule currently provides for a
fee of $0.0029 per share for orders in Tape B securities that take
liquidity from the Book, and a fee of $0.0029 per share for Limit Non-
Displayed Orders that take liquidity from the Book. The Exchange
proposes to merge these two fees into a single fee by adding the words
``including Limit Non-Displayed Limit Orders'' to the former fee and
deleting the text of the latter from the Fee Schedule. The Exchange
also proposes to delete the following fees and credits applicable to
Tape B securities under Tier 3 as it is duplicative and currently
appears under Basic Rates:
     No fee or credit for Limit Non-Displayed Orders that
provide liquidity to the Book.
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any significant problems
that market participants would have in complying with the proposed
changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(4) and(5) of the Act,\12\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed rule change to streamline
the Fee Schedule by deleting redundant rule text is reasonable because
each of the fees and credits proposed for deletion currently appear
under the Basic Rates section of the Fee Schedule which is the more
appropriate place for such fees and credits. The Exchange believes
providing the base rates under the Basic Rates section of the Fee
Schedule would promote clarity to the Fee Schedule and reduce confusion
to ETP Holders as to which fees and credits are applicable to their
trading activity on the Exchange. The Exchange believes it is
reasonable to delete the redundant fees and credits from Tier 1, Tier 2
and Tier 3 of the Fee Schedule and therefore, streamline the Fee
Schedule to promote clarity and reduce confusion as to the
applicability of fees and credits that ETP Holders would be subject to.
The Exchange believes deleting redundant fees and credits would also
simplify the Fee Schedule. The Exchange believes that deleting
redundant fees and credits from Tier 1, Tier 2 and Tier of the Fee
Schedule is equitable and not unfairly discriminatory because the
resulting streamlined Fee Schedule would continue to apply to ETP
Holders as it does currently because the Exchange is not adopting any
new fees or credits or removing any current fees or credits from the
Fee Schedule. All ETP Holders would continue to be subject to the same
fees and credits that currently apply to them.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\13\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
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    \13\ 15 U.S.C. 78f(b)(8).
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    Intramarket Competition. The Exchange's proposal to delete
redundant fees and credits from Tier 1, Tier 2 and Tier 3 of the Fee
Schedule will not place any undue burden on intramarket competition
that is not necessary or appropriate in furtherance of the purposes of
the Act because all ETP Holders would continue to be subject to the
same fees and credits that currently apply to them. To the extent the
proposed rule change places a burden on competition, any such burden
would be outweighed by the fact that a streamlined Fee Schedule would
promote clarity and reduce confusion with respect to the fees and
credits that ETP Holders would be subject to.
    Intermarket Competition. The Exchange believes the proposed rule
change does not impose any burden on intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
The Exchange operates in a highly competitive market in which market
participants can readily choose to send their orders to other exchanges
and off-exchange venues if they deem fee levels at those other venues
to be more favorable. Market share statistics provide ample evidence
that price competition between exchanges is fierce, with liquidity and
market share moving freely from one execution venue to another in
reaction to pricing changes.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEArca-2020-101 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2020-101. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2020-101, and should be
submitted on or before December 30, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-26990 Filed 12-8-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41611-41613]
[DOCID:fr18au09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0004; Directorate Identifier 2008-NM-160-AD;
Amendment 39-15995; AD 2009-17-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318, A319, A320, and A321
Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

    One case of elevator servo-control disconnection has been
experienced on an aircraft of the A320 family. Failure occurred at
the servo-control rod eye-end. Further to this finding, additional
inspections have revealed cracking at the same location on a number
of other servo-control rod eye-ends. In one case, both actuators of
the same elevator surface were affected. * * *
    A dual servo-control disconnection on the same elevator could
result in an uncontrolled surface, the elevator surface being
neither actuated nor damped, which could lead to reduced control of
the aircraft.
* * * * *

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 22, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
22, 2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 13, 2009 (74
FR 1646). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    One case of elevator servo-control disconnection has been
experienced on an aircraft of the A320 family. Failure occurred at
the servo-control rod eye-end. Further to this finding, additional
inspections have revealed cracking at the same location on a number
of other servo-control rod eye-ends. In one case, both actuators of
the same elevator surface were affected. The root cause of the
cracking has not yet been determined and tests are ongoing. It is
anticipated that further actions will be required.
    A dual servo-control disconnection on the same elevator could
result in an uncontrolled surface, the elevator surface being
neither actuated nor damped, which could lead to reduced control of
the aircraft.
    For the reason described above, this AD requires a one-time
inspection [for cracking] of the elevator servo-control rod eye-ends
and, in case of findings, the accomplishment of corrective actions.

The corrective actions include replacing any cracked rod eye-end with a
serviceable unit and re-adjusting the elevator servo-control. You may
obtain further information by examining the MCAI in the AD docket.

Explanation of Revised Service Information

    Airbus has issued All Operators Telex (AOT) A320-27A1186, Revision
04, dated April 3, 2009. (We referred to Airbus AOT A320-27A1186, dated
June 23, 2008, in the NPRM as the appropriate source of service
information for doing the proposed actions.) Airbus has also issued AOT
A320-27A1186, Revision 01, dated August 11, 2008; Revision 02, dated
March 30, 2009; and Revision 03, dated April 1, 2009. Airbus issued
Revision 01, Revision 03, and Revision 04 of the AOT to include minor
improvements in the procedures. No additional work is necessary for
airplanes on which Airbus AOT A320-27A1186, dated June 23, 2008;
Revision 01, dated August 11, 2008; Revision 02, dated March 30, 2009;
or Revision 03, dated April 1, 2009; has been accomplished before the
effective date of this AD. We have revised paragraphs (f)(1) through
(f)(5), and paragraph (h) of this AD, to include Airbus AOT A320-
27A1186, Revision 04, dated April 3, 2009. We have also added a new
paragraph (f)(6) to this AD to include credit for accomplishing the
actions before the effective date of this AD using the previously
issued AOTs.
    Airbus AOT A320-27A1186, Revision 02, dated March 30, 2009, reduces
the

minimum threshold for inspections from 10,000 to 2,500 flight cycles,
based on in service findings. Due to the criticality of the unsafe
condition, we have determined that this AD must be issued without
further delay; however, after this AD is published we might consider
additional rulemaking to address the reduced compliance time.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Revise Work Instructions

    Northwest Airlines (NWA) asks that we require Airbus to rewrite the
work instructions specified in Airbus AOT A320-27A1186, dated June 23,
2008. NWA states that the work steps are not written in a manner that
is easily transferable to work cards, such as would normally be
provided with a service bulletin. NWA adds that most of the work steps
are provided in multiple references that must be extracted and properly
sequenced so that the intent of the AOT can be accomplished.
    We acknowledge NWA's concern. We note that Airbus has issued
revisions to AOT A320-27A1186 as described above under ``Explanation of
Revised Service Information.'' However, we disagree that Airbus should
revise AOT A320-27A1186 again because we have determined that actions
done in accordance with Airbus AOT A320-27A1186, dated June 23, 2008;
Revision 01, dated August 11, 2008; Revision 02, dated March 30, 2009;
and Revision 03, dated April 1, 2009; or Revision 04, dated April 3,
2009; are adequate to address the identified unsafe condition.
Therefore, we have made no change to the AD in this regard.

Request To Remove Reporting Requirement

    NWA also asks that the reporting requirement not be included. NWA
states that it sees the value in reporting confirmed findings, but if
there are no findings the reporting requirement offers no improvement
in safety.
    We disagree with NWA. We have determined that reporting both
positive and negative inspection findings will enable the manufacturer
to obtain better insight into the prevalence of the cracking. Reporting
all findings will allow the manufacturer to conduct statistical
analyses on a continuous basis rather than waiting for the compliance
time to expire, which may be several years for certain airplanes.
Access to all findings will help the manufacturer to develop final
action to address the identified unsafe condition in an expeditious
manner. We have made no change to the AD in this regard.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a note within the AD.

Costs of Compliance

    We estimate that this AD will affect 730 products of U.S. registry.
We also estimate that it will take about 13 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $759,200, or $1,040 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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2009-17-04 Airbus: Amendment 39-15995. Docket No. FAA-2009-0004;
Directorate Identifier 2008-NM-160-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 22, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, -112, -121, and -
122; A319-111, -112, -113, -114, -115, -131, -132, and -133; A320-
111, -211, -212, -214, -231, -232, -233; and A321-111, -112, -131, -
211, -212, -213, -231, and -232 series airplanes; certificated in
any category; all manufacturer serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

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

    One case of elevator servo-control disconnection has been
experienced on an aircraft of the A320 family. Failure occurred at
the servo-control rod eye-end. Further to this finding, additional
inspections have revealed cracking at the same location on a number
of other servo-control rod eye-ends. In one case, both actuators of
the same elevator surface were affected. The root cause of the
cracking has not yet been determined and tests are ongoing. It is
anticipated that further actions will be required.
    A dual servo-control disconnection on the same elevator could
result in an uncontrolled surface, the elevator surface being
neither actuated nor damped, which could lead to reduced control of
the aircraft.
    For the reason described above, this AD requires a one-time
inspection [for cracking] of the elevator servo-control rod eye-ends
and, in case of findings, the accomplishment of corrective actions.

The corrective actions include replacing any cracked rod eye-end
with a serviceable unit and re-adjusting the elevator servo-control.

Actions and Compliance

    (f) Unless already done, after the accumulation of 10,000 total
flight cycles since first flight of the airplane, do the following
actions.
    (1) Not before the accumulation of 10,000 total flight cycles
since first flight of the airplane, and at the later of the times
specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD: Inspect
both the left-hand and right-hand inboard elevator servo-control rod
eye-ends for cracking, in accordance with the instructions of Airbus
All Operators Telex (AOT) A320-27A1186, Revision 04, dated April 3,
2009.
    (i) Within 1,500 flight cycles or 200 days after the effective
date of this AD, whichever occurs first.
    (ii) Within 1,500 flight cycles or 200 days after accumulating
10,000 total flight cycles since first flight of the airplane,
whichever occurs first.
    (2) Not before the accumulation of 10,000 total flight cycles
since first flight of the airplane, and at the later of the times
specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD: Inspect
both the left-hand and right-hand outboard elevator servo-control
rod eye-ends for cracking, in accordance with the instructions of
Airbus AOT A320-27A1186, Revision 04, dated April 3, 2009.
    (i) Within 3,000 flight cycles or 400 days after the effective
date of this AD, whichever occurs first.
    (ii) Within 3,000 flight cycles or 400 days after accumulating
10,000 total flight cycles since first flight of the airplane,
whichever occurs first.
    (3) If any cracking is found during any inspection required by
this AD, before further flight, accomplish all applicable corrective
actions in accordance with the instructions of Airbus AOT A320-
27A1186, Revision 04, dated April 3, 2009.
    (4) Submit a report of the findings of the inspection required
by paragraphs (f)(1) and (f)(2) of this AD to Airbus in accordance
with the instructions of Airbus AOT A320-27A1186, Revision 04, dated
April 3, 2009; at the applicable time specified in paragraph
(f)(4)(i) or (f)(4)(ii) of this AD.
    (i) If the inspection was done after the effective date of this
AD: Submit the report within 40 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 40 days after the effective date
of this AD.
    (5) As of the effective date of this AD, no person may install
on any airplane an elevator servo-control rod eye-end unless it has
been inspected in accordance with the instructions of Airbus AOT
A320-27A1186, Revision 04, dated April 3, 2009.
    (6) Actions done before the effective date of this AD in
accordance with Airbus AOT A320-27A1186, dated June 23, 2008;
Revision 01, dated August 11, 2008; Revision 02, dated March 30,
2009; or Revision 03, dated April 1, 2009; are acceptable for
compliance with the corresponding actions required by 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, Transport Airplane Directorate, 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: Tim
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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 European Aviation Safety Agency Airworthiness
Directive 2008-0149, dated August 5, 2008; and Airbus AOT A320-
27A1186, Revision 04, dated April 3, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Airbus All Operators Telex A320-27A1186,
Revision 04, dated April 3, 2009, to do the actions required by this
AD, unless the AD specifies otherwise. (The document number and
issue date of Airbus AOT A320-27A1186, Revision 04, dated April 3,
2009, are specified only on the first page of the AOT.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; e-mail<EMAIL_ADDRESS>Internet
http://www.airbus.com.
    (3) You may review copies of the 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>.
    (4) You may also review copies of the 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, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19636 Filed 8-17-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38720-38722]
[FR Doc No: 2018-16876]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1842]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before November 5, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1842, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found

online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
          Barnstable County, Massachusetts (All Jurisdictions)
          Project: 16-01-0273S Preliminary Date: April 18, 2018
------------------------------------------------------------------------
Town of Bourne.........................  Bourne Town Hall, 24 Perry
                                          Avenue, Buzzards Bay, MA
                                          02532.
------------------------------------------------------------------------
            Bristol County, Massachusetts (All Jurisdictions)
          Project: 16-01-0273S Preliminary Date: April 18, 2018
------------------------------------------------------------------------
City of Fall River.....................  City Hall, 1 Government Center,
                                          Fall River, MA 02722.
City of New Bedford....................  City Hall, 133 William Street,
                                          New Bedford, MA 02740.
Town of Acushnet.......................  Parting Ways Building, 130 Main
                                          Street, 2nd Floor, Acushnet,
                                          MA 02743.
Town of Dartmouth......................  Town Hall, 400 Slocum Road,
                                          Dartmouth, MA 02747.
Town of Fairhaven......................  Town Hall, 40 Center Street,
                                          Fairhaven, MA 02719.
Town of Freetown.......................  Freetown Town Hall, 3 North
                                          Main Street, Assonet, MA
                                          02702.
Town of Westport.......................  Town Hall, 816 Main Road,
                                          Westport, MA 02790.
------------------------------------------------------------------------
            Norfolk County, Massachusetts (All Jurisdictions)
          Project: 16-01-0273S Preliminary Date: April 18, 2018
------------------------------------------------------------------------
Town of Cohasset.......................  Town Hall, 41 Highland Avenue,
                                          Cohasset, MA 02025.
------------------------------------------------------------------------
           Plymouth County, Massachusetts (All Jurisdictions)
          Project: 16-01-0273S Preliminary Date: April 18, 2018
------------------------------------------------------------------------
Town of Abington.......................  Town Hall, 500 Gliniewicz Way,
                                          Abington, MA 02351.
Town of Carver.........................  Town Hall, 108 Main Street,
                                          Carver, MA 02330.
Town of Duxbury........................  Town Hall, 878 Tremont Street,
                                          Duxbury, MA 02332.
Town of Halifax........................  Town Hall, 499 Plymouth Street,
                                          Halifax, MA 02338.
Town of Hanover........................  Town Hall, 550 Hanover Street,
                                          Hanover, MA 02339.
Town of Hanson.........................  Town Hall, 542 Liberty Street,
                                          Hanson, MA 02341.
Town of Hingham........................  Town Hall, 210 Central Street,
                                          Hingham, MA 02043.
Town of Kingston.......................  Town House, 26 Evergreen
                                          Street, Kingston, MA 02364.
Town of Marion.........................  Town House, 2 Spring Street,
                                          Marion, MA 02738.
Town of Marshfield.....................  Town Hall, 870 Moraine Street,
                                          Marshfield, MA 02050.
Town of Mattapoisett...................  Town Hall, 16 Main Street,
                                          Mattapoisett, MA 02739.
Town of Middleborough..................  Town Hall, 10 Nickerson Avenue,
                                          Middleborough, MA 02346.
Town of Norwell........................  Town Hall, 345 Main Street,
                                          Room 112, Norwell, MA 02061.
Town of Pembroke.......................  Town Hall, 100 Center Street,
                                          Pembroke, MA 02359.
Town of Plymouth.......................  Town Hall, 26 Court Street,
                                          Plymouth, MA 02360.
Town of Plympton.......................  Town Hall, 5 Palmer Road,
                                          Plympton, MA 02367.
Town of Rochester......................  Town Hall, 1 Constitution Way,
                                          Rochester, MA 02770.
Town of Rockland.......................  Town Hall, 242 Union Street,
                                          Rockland, MA 02370.
Town of Scituate.......................  Town Hall, 600 Chief Justice
                                          Cushing Highway, Scituate, MA
                                          02066.
Town of Wareham........................  Memorial Town Hall, 54 Marion
                                          Road, Wareham, MA 02571.
------------------------------------------------------------------------
           Musselshell County, Montana and Incorporated Areas
          Project: 17-08-0803S Preliminary Date: March 22, 2018
------------------------------------------------------------------------
City of Roundup........................  City Office, 34 3rd Avenue
                                          West, Roundup, MT 59072.
Unincorporated Areas of Musselshell      Musselshell County Emergency
 County.                                  Operations Center, 704 1st
                                          Street East, Roundup, MT
                                          59072.
------------------------------------------------------------------------
            Petroleum County, Montana and Incorporated Areas
          Project: 17-08-0803S Preliminary Date: March 22, 2018
------------------------------------------------------------------------
Unincorporated Areas of Petroleum        Petroleum County Courthouse,
 County.                                  302 East Main, Winnett, MT
                                          59087.
------------------------------------------------------------------------
             Rosebud County, Montana and Incorporated Areas
          Project: 17-08-0803S Preliminary Date: March 22, 2018
------------------------------------------------------------------------
Unincorporated Areas of Rosebud County.  Rosebud County Commission, 1200
                                          Main Street, Forsyth, MT
                                          59327.
------------------------------------------------------------------------

            Newport County, Rhode Island (All Jurisdictions)
          Project: 16-01-0273S Preliminary Date: April 18, 2018
------------------------------------------------------------------------
Town of Little Compton.................  Town Hall, 40 Commons, Little
                                          Compton, RI 02837.
Town of Tiverton.......................  Town Hall, 343 Highland Road,
                                          Tiverton, RI 02878.
------------------------------------------------------------------------

[FR Doc. 2018-16876 Filed 8-6-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35357-35358]
[FR Doc No: 2020-12392]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-112, OMB Control No. 3235-0101]

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Form 144

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collections of information discussed below.
    Form 144 (17 CFR 239.144) is used to report the sale of securities
during any three-month period that exceeds 5,000 shares or other units
and has an aggregate sales price that does not exceed $50,000. Under
Sections 2(a)(11), 4(a)(1), 4(a)(2), 4(a)(4) and 19(a) of the
Securities Act of 1933 (15 U.S.C. 77b(a)(11), 77d(a)(1), 77d(a)(2),
77d(a)(4) and 77s (a)) and Rule 144 (17 CFR 230.144) there under, the
Commission is authorized to solicit the information required to be
supplied by Form 144. The objectives of the rule could not be met, if
the information collection was not required. The information collected
must be filed with the Commission and is publicly available. Form 144
takes approximately one burden hour per response and is filed by 33,725
respondents for a total of 33,725 total burden hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and

recommendations for the proposed information collection should be sent
within 30 days of publication of this notice to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Cynthia Roscoe, 100 F
Street NE, Washington, DC 20549, or by sending an email to:
<EMAIL_ADDRESS>
    Dated: June 3, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12392 Filed 6-8-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Notices]
[Page 3233-3234]
[DOCID:fr20ja10-69]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0129; FRL-8806-7]

Sulfometuron Methyl Amendment to Reregistration Eligibility
Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's decision to modify certain risk
mitigation measures that were specified in the 2008 Reregistration
Eligibility Decision (RED) for the herbicide sulfometuron methyl. EPA
conducted this reassessment of the Sulfometuron Methyl RED in response
to public comments and risk reduction proposals received during the
comment period following the Sulfometuron Methyl RED. Based on the new
information received, and in a continuing effort to mitigate risk, the
Agency has made certain modifications to the Sulfometuron Methyl RED.

FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker and agricultural advocates; the chemical industry;
pesticide users, and members of the public interested in the sale,
distribution, or use of pesticides. Since other parties may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0129. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov (EPA-HQ-OPP-2008-0129), or in hard copy, at
the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm.
S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. Background

A. What Action is the Agency Taking?

    Section 4 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) directs EPA to reevaluate existing pesticides to ensure
that they meet current scientific and regulatory standards. In 2008,
EPA issued a RED for sulfometuron methyl under section 4(g)(2)(A) of
FIFRA. In response to a notice of availability published in the Federal
Register of November 12, 2008 (73 FR 219) (FRL-8388-5), the Agency
received comments and mitigation proposals submitted by the technical
registrant, user groups, and individuals. The Agency's response to
comments is available for viewing in the docket. The amended
Sulfometuron Methyl RED reflects changes resulting from Agency
consideration of these comments and mitigation proposals. The RED
amendment for sulfometuron methyl concludes EPA's reregistration
eligibility decision making process for this herbicide.
    Stakeholder comments, mitigation proposals, and other information
received by the Agency following the publication of the Sulfometuron
Methyl RED allowed EPA to further refine the ecological risk assessment
for non-target plant species and to revise the buffer zone requirements
for sulfometuron methyl. Based on the comments and proposals, EPA also
refined the occupational handler exposure risk estimates and revised
the personal protective equipment (PPE) requirements for sulfometuron
methyl. The label table incorporated into the Sulfometuron Methyl RED
amendment includes modifications which specify label language for
required application parameters, buffer zones, and PPE requirements.

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

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing the active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and

either reregistering products or taking other ``appropriate regulatory
action.''

List of Subjects

    Environmental protection, Pesticides and pests, Sulfometuron
methyl.

    Dated: January 12, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-834 Filed 1-19-10; 8:45 am]
BILLING CODE 6560-50-S