[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71744-71746]
[DOCID:fr24no10-133]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29500; 812-13698]

Fifth Street Finance Corp., et al.; Notice of Application

November 18, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 18(a), 55(a), and 61(a) of the Act.

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Summary of the Application: Applicants request an order to permit: (1)
A business development company to look to the assets of its wholly-
owned subsidiaries, rather than the business development company's
interest in the subsidiaries themselves, in determining whether the
business development company meets certain requirements for business
development companies under the Act, and (2) the business development
company to adhere to a modified asset coverage requirement.

Applicants:  Fifth Street Finance Corp. (``Fifth Street''), Fifth
Street Management LLC, Fifth Street Mezzanine Partners IV, L.P., FSMP
IV GP, LLC, FSF/MP Holdings, Inc., FSFC Holdings, Inc., Fifth Street
Funding, LLC and Fifth Street Fund of Funds LLC.

Filing Dates:  The application was filed on September 9, 2009, and
amended on February 18, 2010, and November 15, 2010.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on December 13, 2010, and should be accompanied by proof of
service on the Applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants, 10 Bank Street,
12th Floor, White Plains, New York 10606.

FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Senior Counsel, at
(202) 551-6868, or Janet M. Grossnickle, Assistant Director, at (202)
551-6821 (Division of Investment Management, Office of Investment
Company Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Fifth Street, a Delaware corporation, is an externally managed,
non-diversified, closed-end investment company that has elected to be
regulated as a business development company (``BDC'') under the Act.
Fifth Street is a specialty finance company that provides capital and
advisory services to small and mid-size companies throughout the United
States.
    2. Fifth Street conducts, and expects to continue to conduct, a
portion of its business through its current and future subsidiaries
operating in the manner described in the application, all of whose
equity securities are owned or will be owned directly or indirectly by
Fifth Street and that are consolidated by Fifth Street for financial
reporting purposes (each, a ``Subsidiary''). Fifth Street currently has
six Subsidiaries, Fifth Street Mezzanine Partners IV, L.P. (the ``SBIC
Subsidiary''), its general partner, FSMP IV GP, LLC (the ``SBIC GP''),
FSF/MP Holdings, Inc., FSFC Holdings, Inc., and Fifth Street Fund of
Funds LLC (together with FSF/MP Holdings, Inc. and SFC Holdings, Inc.,
the ``Blocker Subsidiaries''), and Fifth Street Funding, LLC (the
``Financing Subsidiary'').
    3. The SBIC Subsidiary, a Delaware limited partnership, is a small
business investment company (``SBIC'') licensed under the Small
Business Administration (``SBA'') to operate under the Small Business
Investment Act of 1958 (``SBIA''). The SBIC Subsidiary relies on
section 3(c)(7) of the Act. The SBIC GP, a Delaware limited liability
company, is the sole general partner of the SBIC Subsidiary. Fifth
Street is the SBIC GP's sole member and owner. The SBIC GP is the sole
general partner of the SBIC Subsidiary, and Fifth Street is the sole
limited partner of the SBIC Subsidiary.
    4. Fifth Street intends to operate the SBIC Subsidiary through the
SBIC GP for the same investment purposes as Fifth Street, and the SBIC
Subsidiary will invest in the same kinds of securities as Fifth Street.
The operations of both the SBIC Subsidiary and the SBIC GP will be
consolidated with those of Fifth Street for financial reporting
purposes. The assets of the SBIC Subsidiary and the SBIC GP are
recorded on Fifth Street's balance sheet, and thus are considered
assets of Fifth Street for U.S. generally accepted accounting
principles purposes.
    5. The Financing Subsidiary, a Delaware limited liability company,
is a wholly-owned subsidiary through which Fifth Street established a
credit facility for its on-balance sheet borrowings. It is excluded
from the definition of investment company under Section 3(c)(7) of the
Act. The sole purpose of the Financing Subsidiary is to provide a
legally separate entity to hold investments as collateral supporting
Fifth Street's financings. Fifth Street solely controls the operations
of the Financing Subsidiary, including the acquisition and disposition
of assets by the Financing Subsidiary.
    6. Fifth Street utilizes wholly-owned subsidiaries, the Blocker
Subsidiaries, to hold interests in certain of Fifth Street's portfolio
companies. The Blocker Subsidiaries are excluded from the definition of
investment company under section 3(c)(7) of the Act. The Blocker
Subsidiaries are structured as Delaware corporations or limited
liability companies and hold certain investment assets that are
structured as pass-through tax entities in order to allow Fifth Street
to continue to qualify as a regulated investment company for tax
purposes.\1\
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    \1\ Applicants represent that these Blocker Subsidiaries are a
lawful method of tax planning under the Internal Revenue Code and
are frequently used by companies seeking to elect to be treated as
regulated investment companies. Fifth Street has obtained an opinion
from tax counsel from the firm of Sutherland Asbill & Brennan LLP
confirming the appropriateness of this structure.
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    7. The Financing Subsidiary and the Blocker Subsidiaries are not
operating companies and do not have any employees. The Financing
Subsidiary and the Blocker Subsidiaries exist solely for the benefit of
Fifth Street and do not provide any services to any other company.
Fifth Street makes and will continue to make available significant
managerial assistance to the issuers of securities held by the
Financing and Blocker Subsidiaries to the extent required by section
2(a)(48)(B).\2\
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    \2\ For the purposes of Section 2(a)(48)(B), Fifth Street will
treat securities held by the Subsidiaries as if they were held
directly by Fifth Street.
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Applicants' Legal Analysis

A. Relief for Fifth Street To Deem Assets Held by Its Subsidiaries To
Be Owned by Fifth Street for Purposes of Determining Its Compliance
With Section 55(a) of the Act

    1. Section 2(a)(48) of the Act generally defines a BDC to be any
closed-end investment company that operates for the purpose of making
investments in securities described in section 55(a)(1) through (3) of
the Act and makes available significant managerial assistance with
respect to the issuers of these securities. Section 55(a) of the Act
requires a BDC to have at least 70 percent of its assets invested in
assets described in sections 55(a)(1) through (7) (``Qualifying
Assets''). Qualifying Assets generally include securities issued by
eligible portfolio companies as defined in section 2(a)(46) of the Act.
Section 2(a)(46)(B) generally excludes from the definition of an
eligible portfolio company an investment company, as defined under
section 3 of the Act, and a company that would be an investment company
but for the exclusion from the definition of investment company in
section 3(c) of the Act.

    2. Section 6(c) of the Act, in relevant part, permits the
Commission to exempt any transaction or class of transactions from any
provision of the Act if, and to the extent that, such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act. Applicants request an order pursuant to
section 6(c) to allow Fifth Street to deem the assets of its current
and future Subsidiaries as its own assets for purposes of determining
its compliance with section 55(a).
    3. Applicants state that each Subsidiary will be formed as a
limited liability company (``LLC''), a corporation (``Corporation'') or
a partnership (``Partnership''). Fifth Street and/or one or more other
Subsidiaries at all times will be the only members of each Subsidiary
that is an LLC and will collectively hold all of the ownership
interests in the LLC Subsidiary. No LLC Subsidiary will admit any
person other than Fifth Street or another Subsidiary as a member, and
no LLC Subsidiary will issue interests other than to Fifth Street or
another Subsidiary. Fifth Street and/or one or more other Subsidiaries
at all times will own and hold all of the outstanding equity interests
in each Subsidiary that is formed as a Corporation. Fifth Street and/or
one or more other Subsidiaries will at all times be the sole limited
partner of any Subsidiary that is formed as a Partnership and the sole
owner of such Subsidiary's general partner. Applicants also state that
since Fifth Street, directly or indirectly through another Subsidiary,
owns or would own the entire equity interest in any current and future
Subsidiaries, any activity carried on by them will, in all material
respects, have the same economic effect on Fifth Street's stockholders
as if carried on directly by Fifth Street.

B. Relief for the Company To Adhere to a Modified Asset Coverage
Requirement

    1. Applicants request an exemption pursuant to section 6(c) of the
Act from the provisions of sections 18(a) and 61(a) of the Act to
permit Fifth Street to adhere to a modified asset coverage requirement.
    2. Section 18(a) of the Act prohibits a registered closed-end
investment company from issuing any class of senior security or selling
any such security of which it is the issuer unless the company complies
with the asset coverage requirements set forth in that section. Section
61(a) of the Act makes section 18 applicable to BDCs, with certain
modifications. Section 18(k) exempts an investment company operating as
an SBIC from the asset coverage requirements for senior securities
representing indebtedness that are contained in section 18(a)(1)(A) and
(B).
    3. Applicants state that a question exists as to whether Fifth
Street must comply with the asset coverage requirements of section
18(a) (as modified by section 61(a)) solely on an individual basis or
whether Fifth Street must also comply with the asset coverage
requirements on a consolidated basis because Fifth Street may be deemed
to be an indirect issuer of any class of senior security issued by the
SBIC Subsidiary. Applicants state that they wish to treat the SBIC
Subsidiary as if it were a BDC subject to sections 18 and 61 of the
Act. Applicants state that companies operating under the SBIA, such as
the SBIC Subsidiary, will be subject to the SBA's substantial
regulation of permissible leverage in its capital structure.
    4. Section 6(c) of the Act, in relevant part, permits the
Commission to exempt any transaction or class of transactions from any
provision of the Act if and to the extent that such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act. Applicants state that the requested relief
satisfies the section 6(c) standard. Applicants contend that, since the
SBIC Subsidiary would be entitled to rely on section 18(k) if it was a
BDC itself, there is no policy reason to deny the benefit of that
exemption to Fifth Street.

Applicants' Conditions

    Applicants agree that the order granting the requested relief will
be subject to the following conditions:

Relief From Section 55(a)

    1. Each Subsidiary will be formed as a LLC, a Corporation or a
Partnership. Fifth Street and/or one or more other Subsidiaries at all
times will be the only members of each Subsidiary that is an LLC and
will collectively hold all of the ownership interests in the LLC
Subsidiary. No LLC Subsidiary will admit any person other than Fifth
Street or another Subsidiary as a member, and no LLC Subsidiary will
issue interests other than to Fifth Street or another Subsidiary. Fifth
Street and/or one or more other Subsidiaries at all times will own and
hold all of the outstanding equity interests in each Subsidiary that is
formed as a Corporation. Fifth Street and/or one or more other
Subsidiaries will at all times be the sole limited partner of any
Subsidiary that is formed as a Partnership and the sole owner of such
Subsidiary's general partner.
    2. The existing Subsidiaries, and any future Subsidiaries, may not
acquire any asset if the acquisition would cause Fifth Street to
violate section 55(a).
    3. No person shall serve or act as investment adviser to a
Subsidiary unless the board of directors and stockholders of Fifth
Street shall have taken the action with respect thereto also required
to be taken by the board of directors of the Subsidiary and
stockholders of the Subsidiary as if the Subsidiary were a BDC.

Relief From Section 18(a)

    4. Fifth Street will not issue or sell any senior security and
Fifth Street will not cause or permit the SBIC Subsidiary to issue or
sell any senior security of which Fifth Street or the SBIC Subsidiary
is the issuer except to the extent permitted by section 18 (as modified
for BDCs by section 61); provided that immediately after issuance or
sale by any of Fifth Street or the SBIC Subsidiary of any such senior
security, Fifth Street individually and on a consolidated basis, shall
have the asset coverage required by section 18(a) (as modified by
section 61(a)), except that, in determining whether Fifth Street on a
consolidated basis has the asset coverage required by section 18(a) (as
modified by section 61(a)), any senior securities representing
indebtedness of the SBIC Subsidiary shall not be considered senior
securities and, for purposes of the definition of ``asset coverage'' in
section 18(h), will be treated as indebtedness not represented by
senior securities.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-29559 Filed 11-23-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Page 42380]
[FR Doc No: 2014-17016]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; 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 8-A; OMB Control No. 3235-0056, SEC File No. 270-54

    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'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 8-A (17 CFR 249.208a) is a registration statement used to
register a class of securities under Section 12(b) or Section 12(g) of
the Securities Exchange Act of 1934 (15 U.S.C. 78l(b) and 78l(g))
(``Exchange Act''). Section 12(a) (15 U.S.C. 78l(a)) of the Exchange
Act makes it unlawful for any member, broker, or dealer to effect any
transaction in any security (other than an exempted security) on a
national securities exchange unless such security has been registered
under the Exchange Act (15 U.S.C. 78a et seq.). Exchange Act Section
12(b) establishes the registration procedures. Exchange Act Section
12(g) requires an issuer that is not a bank or bank holding company to
register a class of equity securities (other than exempted securities)
within 120 days after its fiscal year end if, on the last day of its
fiscal year, the issuer has total assets of more than $10 million and
the class of equity securities is ``held of record'' by either (i)
2,000 persons, or (ii) 500 persons who are not accredited investors. An
issuer that is a bank or a bank holding company, must register a class
of equity securities (other than exempted securities) within 120 days
after the last day of its first fiscal year ended after the effective
date of the JOBS Act if, on the last day of its fiscal year, the issuer
has total assets of more than $10 million and the class of equity
securities is ``held of record'' by 2,000 or more persons. Form 8-A
takes approximately 3 hours to prepare and is filed by approximately
946 respondents for a total annual reporting burden of 2,838 hours (3
hours per response x 946 responses).
    Written comments are invited on: (a) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    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.
    Please direct your written comment to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: July 15, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-17016 Filed 7-18-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Notices]
[Page 49724-49725]
[DOCID:fr22au08-120]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of: Birman Managed Care, Inc. (n/k/a Alcar
Chemical Group, Inc.), Cluster Technology Corp., Consolidated Growers
and Processors, Inc., Global Network, Inc., Micro-Integration Corp.,
Monsoon International Manufacturing & Distribution, Inc., Montt
International Corp., Pony Express U. S. A., Inc., SUMmedia.com, Inc.,
and Sunflower USA, Ltd.; Order of Suspension of Trading

August 20, 2008
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc.) because it
has not filed any periodic reports since the period ended March 31,
2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Cluster Technology Corp. because it has not filed any periodic reports
since March 8, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Consolidated Growers and Processors, Inc. because it has not filed any
periodic reports since January 5, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Global Network, Inc. because it has not filed any periodic reports
since the period ended September 30, 2003.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Micro-Integration Corp. because it has not filed any periodic reports
since December 31, 1999.

    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Monsoon International Manufacturing & Distribution, Inc. because it has
not filed any periodic reports since the period ended January 21, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Montt International Corp. because it has not filed any periodic reports
since February 14, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pony Express U. S. A., Inc. because it has not filed any periodic
reports since the period ended September 30, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
SUMmedia.com, Inc. because it has not filed any periodic reports since
the period ended September 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Sunflower USA, Ltd. because it has not filed any periodic reports since
the period ended February 29, 2000.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on August 20, 2008, through 11:59 p.m. EDT on September 3, 2008.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E8-19634 Filed 8-20-08; 4:15 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Proposed Rules]
[Pages 24730-24732]
[FR Doc No: 2019-11093]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0325; Product Identifier 2019-NM-038-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 airplanes; Model ERJ 190-100 STD, -
100 LR, -100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -
200 LR, and -200 IGW airplanes. This proposed AD was prompted by
reports of the ram air turbine (RAT) compartment door seal peeling off
and tangling up on the RAT rotor during flight test. This proposed AD
would require a general visual inspection for peeling-off of the RAT
compartment door seal, bonding if necessary, and the rework of the RAT
compartment door seal attachment. We are proposing this AD to address
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 15, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Embraer
S.A., 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;
email<EMAIL_ADDRESS>internet http://www.flyembraer.com. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0325; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0325;
Product Identifier 2019-NM-038-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of 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 NPRM.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2019-02-02, dated February 28, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Embraer S.A. Model ERJ 170
airplanes; Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes.
The MCAI states:

    It has been found the occurrence some events of the Ram Air
Turbine (RAT) compartment door seal peeling off and tangling up on
the RAT rotor during flight test. We are issuing this [Brazilian] AD
to prevent the loss of the RAT function, which associated with an
emergency electrical event, can result in the loss of airplane
controllability.

    Required actions include an inspection for peeling-off condition,
bonding as necessary, and rework of the RAT compartment door seal
attachment. You may examine the MCAI in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0325.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Service Bulletin SB170-53-0142, Revision
01, dated December 12, 2018; Service Bulletin SB190-53-0098, Revision
01, dated December 12, 2018; and Service Bulletin SB190LIN-53-0072,
Revision 01, dated January 9, 2019. This service information describes
procedures for rework of the RAT compartment door seal attachment,
which includes installing fasteners around the RAT door seal
attachment. These documents are distinct since they apply to different
airplane models.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    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 the
relevant information and determined the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.

Proposed Requirements of This NPRM

    This proposed AD would require a general visual inspection for
peeling-off of the RAT compartment door seal, bonding if necessary, and
the rework of the RAT compartment door seal attachment.

Costs of Compliance

    We estimate that this proposed AD affects 570 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $0 *             $255         $145,350
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide a parts cost estimate for the actions
  specified in this proposed AD.

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

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

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

Sec.  39.13   [Amended]

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

Embraer S.A.: Docket No. FAA-2019-0325; Product Identifier 2019-NM-
038-AD.

(a) Comments Due Date

    We must receive comments by July 15, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. airplanes, identified in
paragraphs (c)(1) through (c)(3) of this AD, certificated in any
category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes, as identified in Embraer Service Bulletin SB170-53-0142,
Revision 01, dated December 12, 2018.
    (2) Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes, as identified in
Embraer Service Bulletin SB190-53-0098, Revision 01, dated December
12, 2018.
    (3) Model ERJ 190-100 ECJ airplanes, as identified in Embraer
Service Bulletin SB190LIN-53-0072, Revision 01, dated January 9,
2019.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of the ram air turbine (RAT)
compartment door seal peeling off and tangling up on the RAT rotor
during flight test. We are issuing this AD to address the possible
loss of the RAT function, which associated with an emergency
electrical event, can result in the loss of airplane
controllability.

(f) Compliance

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

(g) Inspection and Rework

    (1) For airplanes identified in paragraphs (c)(1) and (c)(2) of
this AD: Within 750 flight hours after the effective date of this
AD, do a general visual inspection of the RAT compartment door seal
for peeling-off condition (disbonding), do all applicable bonding,
and rework the RAT compartment door seal attachment, in accordance
with the Accomplishment Instructions of the service information
identified in paragraph (c)(1) or (c)(2) of this AD, as applicable.
Do all applicable bonding before further flight.
    (2) For airplanes identified in paragraph (c)(3) of this AD:
Within 400 flight hours or 6 months after the effective date of this
AD, whichever occurs first, do all applicable

bonding, and rework the RAT compartment door seal attachment, in
accordance with the Accomplishment Instructions of the service
information identified in paragraph (c)(3) of this AD, as
applicable. Do all applicable bonding before further flight.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Embraer Service Bulletin 170-53-0142, dated
December 8, 2017; Embraer Service Bulletin 190-53-0098, dated
December 8, 2017; or Embraer Service Bulletin 190LIN-53-0072, dated
December 15, 2017; as applicable.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized
Designee. If approved by the ANAC Designee, the approval must
include the Designee's authorized signature.
    (3) Required for Compliance (RC): Except as specified by
paragraphs (g) and (i)(2) of this AD: For service information that
contains steps that are labeled as RC, the provisions of paragraphs
(i)(3)(i) and (i)(3)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

 (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2019-02-02, dated February 28, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0325.
    (2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Embraer S.A., 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; email<EMAIL_ADDRESS>internet http://www.flyembraer.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on May 15, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-11093 Filed 5-28-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Rules and Regulations]
[Page 17941]
[FR Doc No: 2022-06677]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 170

Food Additives

CFR Correction

    This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.

0
In Title 21 of the Code of Federal Regulations, Parts 170 to 199,
revised as of April 1, 2021, in Sec.  170.30, reinstate paragraph (g)
to read as follows:

Sec.  170.30   Eligibility for classification as generally recognized
as safe (GRAS).

* * * * *
    (g) A food ingredient that is not GRAS or subject to a prior
sanction requires a food additive regulation promulgated under section
409 of the act before it may be directly or indirectly added to food.
* * * * *
[FR Doc. 2022-06677 Filed 3-28-22; 8:45 am]
BILLING CODE 0099-10-D


[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49394-49399]
[FR Doc No: 2021-18945]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92793; File No. SR-FINRA-2021-020]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Form CMA (Continuing Membership
Application Form)

August 27, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 20, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to (1) amend Form CMA (Continuing Membership
Application Form) required under Rule 1017 (Application for Approval of
Change in Ownership, Control, or Business Operations) to conform to
amendments to the Membership Application Program (``MAP'') rules \4\ as
described in File No. SR-FINRA-2020-011, which become effective on
September 1, 2021; \5\ and (2) make non-substantive and technical
changes to Form CMA.\6\ The proposed rule change does not make any
changes to the text of FINRA rules.
---------------------------------------------------------------------------

    \4\ The MAP rules consist of Rules 1011 through 1019, which
reside under the Rule 1000 Series (Member Application and Associated
Person Registration).
    \5\ See Securities Exchange Act Release No. 90635 (December 10,
2020), 85 FR 81540 (December 16, 2020) (Order Approving File No. SR-
FINRA-2020-011, as Modified by Amendment No. 1) (``SEC Order''). See
also Regulatory Notice 21-09 (March 2021) (announcing September 1,
2021, as the effective date of the amendments to the MAP rules, and
different effective dates of the amendments to other FINRA rules to
address brokers with a significant history of misconduct).
    \6\ FINRA is separately developing comprehensive changes to the
MAP rules in connection with the retrospective review of this rule
set, which will also require conforming amendments to the
standardized forms. See Regulatory Notice 18-23 (July 2018)
(requesting comment on a proposal regarding the MAP rules).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
Background
    The MAP rules require an applicant for continuing membership to
file an application that includes a Form CMA.\7\ Form CMA is organized
into sections that align with the standards for admission set forth in
Rule 1014(a) (Standards for Admission). Each section begins with a
description of the applicable standard in Rule 1014(a), followed by a
series of questions related to that standard that are intended to help
the applicant provide the responses needed to demonstrate that it

can meet each of the standards described under Rule 1014(a), and to
facilitate FINRA's review of the application.\8\ An applicant is able
to provide its documents and information by attaching files in various
formats (e.g., .docx, .pdf, .xlsx) or by entering free form text in
text boxes, and making selections through screen components such as
drop-down menus and radio buttons, among others.
---------------------------------------------------------------------------

    \7\ See Rule 1017(b)(2).
    \8\ The sections of Form CMA that are marked with a red asterisk
require the applicant to provide a response.
---------------------------------------------------------------------------

Recent Amendments to the MAP Rules
    On December 10, 2020, FINRA amended the MAP rules, among other
FINRA rules, to address the issue of persons with a significant history
of misconduct and the member firms that employ them.\9\ As amended,
Rule 1017 includes new paragraph (a)(7), which requires a member to
file a continuing member application (``CMA'') whenever a natural
person seeking to become an owner,\10\ control person,\11\ principal or
registered person of a member has, in the prior five years, one or more
``final criminal matters'' (as defined in new Rule 1011(h) \12\) or two
or more ``specified risk events'' (as defined in new Rule 1011(p)
\13\), and the member is not otherwise required to file a Form CMA in
accordance with Rule 1017, unless the member has submitted a written
request to FINRA seeking a materiality consultation for such
contemplated activity. As part of the materiality consultation, Rule
1017(a)(7) also provides that FINRA will determine in the public
interest and the protection of investors that either the member is not
required to file a Form CMA and may effect the contemplated activity,
or the member is required to file a Form CMA in accordance with Rule
1017 and the member may not effect the contemplated activity unless
FINRA approves the Form CMA. In addition, Rule 1017(a)(7) provides that
Interpretative Material (``IM'')-1011-1 (Safe Harbor for Business
Expansions) is not available to the member when a materiality
consultation is required under Rule 1017(a)(7).\14\
---------------------------------------------------------------------------

    \9\ See supra note 5.
    \10\ For purposes of Rule 1017(a)(7) only, the term ``owner''
has the same meaning as ``direct owner'' and ``indirect owner'' on
the Uniform Application for Broker-Dealer Registration (``Form BD'')
Schedules A and B, as amended from time to time. See Rule
1017(a)(7).
    \11\ For purposes of Rule 1017(a)(7), the term ``control
person'' means a person who would have ``control'' as defined on
Form BD, as amended from time to time. See Rule 1017(a)(7).
    \12\ See paragraph (h) under Rule 1011 (defining ``final
criminal matter'') as amended by SR-FINRA-2020-011, supra note 5.
    \13\ See paragraph (p) under Rule 1011 (defining ``specified
risk event'') as amended by SR-FINRA-2020-011, supra note 5. See
also Securities Exchange Act Release No. 92710 (August 19, 2021)
(Order Approving File No. SR-FINRA-2021-011) (amendment to the
``specified risk event'' definition).
    \14\ Relatedly, new IM-1011-3 (Business Expansions and Persons
with Specified Risk Events) provides that IM-1011-1 is not available
to any member that is seeking to add a natural person who has, in
the prior five years, one or more final criminal matters or two or
more specified risk events and seeks to become an owner, control
person, principal, or registered person of the member. In general,
IM-1011-1 creates a safe harbor for specified categories of business
expansions, subject to certain thresholds, that a member may undergo
without filing a CMA.
---------------------------------------------------------------------------

Proposed Conforming Amendments to Form CMA
    As a result of the recent amendments to the MAP rules, FINRA is
proposing to amend Form CMA to: (1) List in the section of the form
entitled ``Type of Continuing Membership Application'' all of the
events under Rule 1017(a) that require a member to file Form CMA; (2)
incorporate questions into Form CMA that relate specifically to Rule
1017(a)(7); and (3) make other non-substantive and technical changes in
the form for clarity and consistency, and to promote efficiency. FINRA
believes that these proposed conforming changes to Form CMA and the
non-substantive and technical changes will help guide an applicant to
provide the responses needed to demonstrate that it can meet the
standards set forth under Rule 1014(a), and to facilitate FINRA's
review of the application in light of the recent admendments to the MAP
rules.

A. Amend Form CMA's ``Type of Continuing Membership Application''
Section To List All of the Events Specified in Paragraphs (a)(1)
Through (a)(7) Under Rule 1017

    As noted above, Form CMA is organized into sections that correspond
to the standards for admission set forth in Rule 1014(a), with each
section containing its own set of questions, some of which are
mandatory, related to that particular standard for admission.\15\ But
before an applicant proceeds with completing those sections, Form CMA
requests the applicant to identify all applicable types of changes in
ownership, control, or business operations in the section titled,
``Type of Continuing Membership Application.'' This section currently
bears two headers that categorize some Rule 1017(a) events as either
``Ownership of asset transfer changes,'' covering the events described
under Rule 1017(a)(1) through Rule 1017(a)(4), or ``Change(s) in
business operations,'' covering the events described under Rule
1017(a)(5).\16\ Currently, Form CMA's ``Type of Continuing Membership
Application'' section presents the events under Rule 1017(a)(1) through
Rule 1017(a)(5), some of which appear in a summary fashion, without
rule references.\17\ FINRA is proposing to amend this section of Form
CMA so that all the events described under Rule 1017(a), including
those set forth in paragraphs (a)(6) and (a)(7), and their respective
rule references would be listed in the form. In addition, FINRA is
proposing to delete the two headers--``Ownership of asset transfer
changes'' and ``Change(s) in business operations''--for clarity and to
facilitate presenting the events under Rule 1017(a)(1) through
1017(a)(7) sequentially.
---------------------------------------------------------------------------

    \15\ See supra note 8.
    \16\ Rule 1017(a)(5) provides that a member shall file a CMA for
approval of a ``material change in business operations,'' which is
defined in Rule 1011(m). Currently on Form CMA, the ``Change(s) in
business operations'' category lists five options that an applicant
may select to further identify the type of material change involved.
Three of those options correspond to changes that are set forth in
subparagraphs (1), (2) and (3) under the definition of ``material
change in business operations'' in Rule 1011(m). A fourth option
describes an expansion of Associated Persons, offices, or number of
markets made. A fifth ``other'' option also is included because the
definition of ``material change in business operations'' is not
exhaustive. See generally paragraph (m) under Rule 1011 as amended
by SR-FINRA-2020-011 (renumbering from paragraph (l) to paragraph
(m)), supra note 5; IM-1011-1; Rule 1017(b)(2)(C).
    \17\ For example, Rule 1017(a)(1) provides that a CMA is
required for ``a merger of the member with another member, unless
both are members of the New York Stock Exchange, Inc. or the
surviving entity will continue to be a member of the New York Stock
Exchange, Inc[.]'' Form CMA, in the Type of Continuing Membership
Application section, summarizes this event as ``Merger of the member
with another member.'' In another example, while Rule 1017(a)(2)
states that a CMA is required for ``a direct or indirect acquisition
by the member of another member, unless the acquiring member is a
member of the New York Stock Exchange, Inc.[,]'' Form CMA summarizes
such event as a ``[d]irect or indirect acquisition by the member of
another member.'' Except for one technical change pertaining to the
event that corresponds to Rule 1017(a)(3), FINRA is not proposing to
change the descriptions of Rule 1017(a)(1) through Rule 1017(a)(5)
as they currently appear in Form CMA.
---------------------------------------------------------------------------

    Specifically, the proposed changes to Form CMA's ``Type of
Continuing Membership Application'' section would add the following
three types of changes in ownership, control, or business operations
that an applicant may select, as applicable, with references to the
corresponding provisions in Rule 1017(a)(6) \18\ and (a)(7):
---------------------------------------------------------------------------

    \18\ FINRA recently made changes to Form CMA to account for Rule
1017(a)(6). See Securities Exchange Act Release No. 89867 (September
15, 2020), 85 FR 58404 (September 18, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2020-028).

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

    [square] Any direct or indirect acquisition or transfer of a
member's assets or any asset, business or line of operation where
the transferring member or an Associated Person of the transferring
member has a ``covered pending arbitration claim,'' an unpaid
arbitration award or an unpaid settlement related to an arbitration
(FINRA Rule 1017(a)(6)(A))
    [square] Business expansion to add one or more Associated
Persons involved in sales and one or more of those Associated
Persons has a ``covered pending arbitration claim,'' an unpaid
arbitration award or an unpaid settlement related to an arbitration
(FINRA Rule 1017(a)(6)(B))
    [square] Natural person seeks to become an owner, control
person, principal or registered person of a member and has, in the
prior five years, one or more ``final criminal matters'' or two or
more ``specified risk events'' (FINRA Rule 1017(a)(7))

    These proposed conforming changes to this section of Form CMA will
list all of the events under Rule 1017(a). Additionally, the specific
references on Form CMA to the applicable subsections of Rule 1017 will
give applicants clarity about which events require them to submit Form
CMA to FINRA for approval.

B. Incorporate Questions To Conform Form CMA to Rule 1017(a)(7)

    Rule 1017(i) provides that in rendering a decision on a CMA, FINRA
must consider whether the applicant and its associated persons meet
each of the standards in Rule 1014(a). FINRA is proposing to amend two
sections in Form CMA, which are ``Standard 1: Overview of the
Applicants,'' corresponding to Rule 1014(a)(1) (``Standard 1''), and
``Standard 3: Compliance with securities laws, just and equitable
principles of trade,'' corresponding to Rule 1014(a)(3) (``Standard
3''). FINRA believes that these proposed changes would conform Form CMA
to, and are necessary to effectively account for, Rule 1017(a)(7). The
proposed amendments to Form CMA are described in further detail below.
1. Form CMA's ``Standard 1: Overview of the Applicants'' Section
    Standard 1 requires FINRA to determine whether the application and
all supporting documents are complete and accurate. Form CMA's Standard
1 section has several questions that, in general, focus on
understanding the circumstances surrounding the contemplated change or
event set forth under Rule 1017(a), and are intended to elicit from the
applicant the information necessary for FINRA to assess whether
Standard 1 is met. For example, the applicant is required to provide a
complete description of the contemplated change, the persons or
entities that will become associated or affiliated with the applicant
as a result of the contemplated change, and to the extent applicable, a
description of the liabilities that will not be included in a transfer
of assets or a line of business.\19\
---------------------------------------------------------------------------

    \19\ See generally Exhibit 3 (Form CMA, Standard 1, Questions 1,
2, and 3, within the category titled ``Overview of the proposed
change'').
---------------------------------------------------------------------------

    FINRA is proposing to add several new questions to this section
that would require the applicant to provide information necessary to
support compliance with Rule 1017(a)(7). These proposed questions are
intended to collect the necessary information in an efficient manner,
as further explained below.
    Proposed new Question 5 would require, as marked by the asterisk,
the applicant to provide a ``yes'' or ``no'' answer to the following
question:

    5. Is this application required because the Applicant seeks to
add a natural person as an owner, control person, principal or
registered person who, in the prior five years, has one or more
``final criminal matters'' or two or more ``specified risk events''
(as defined in FINRA Rule 1011)?* (As Rule 1017(a)(7) provides, the
term ``owner'' has the same meaning as ``direct owner'' and
``indirect owner'' on Form BD Schedules A and B, as amended from
time to time, and the term ``control person'' means a person who
would have ``control'' as defined on Form BD, as amended from time
to time.)

If the applicant's answer to proposed Question 5 is ``yes,'' proposed
Question 5.a. would prompt the applicant to identify in a chart, for
each ``final criminal matter'' or ``specified risk event,'' the subject
party, that person's CRD number, and, if the matter or event has not
been reported on a Uniform Registration Form, a description of the
nature of the activity, any findings, any fine or other
dispositions.\20\ Specifically, proposed Question 5.a. would ask: \21\
---------------------------------------------------------------------------

    \20\ See Exhibit 3 (Form CMA, Standard 1, chart accompanying
Proposed Question 5.a., within the category titled ``Overview of the
proposed change''). This proposed chart would be similar to how
members, when submitting a request for a materiality consultation
pursuant to Rule 1017(a)(7), would need to provide information about
individuals' ``final criminal matters'' and ``specified risk
events.'' See Rule 1017(a)(7) (providing that the member's written
request for a materiality consultation ``must address the issues
that are central to the materiality consultation''); Securities
Exchange Act Release No. 88600 (April 8, 2020), 85 FR 20745, 20753
(April 14, 2020) (Notice of Filing of File No. SR-FINRA-2020-011)
(explaining that a member submitting a request for a materiality
consultation would need to provide information relating to the
individuals' ``final criminal matters'' and ``specified risk
events'').
    \21\ The following quoted material includes references to the
Uniform Application for Securities Industry Registration or Transfer
(``Form U4''), the Uniform Termination Notice for Securities
Industry Registration (``Form U5''), the Uniform Disciplinary Action
Reporting Form (``Form U6''), and the Central Registration
Depository (``CRD'').

    a. If the answer to Question 5 is ``yes,'' for each ``final
criminal matter'' or ``specified risk event,'' if the matter or
event has been reported on a Uniform Registration Form (i.e., Forms
U4, U5, U6, BD), please provide the subject party and that person's
CRD number. If the matter or event has not been reported on a
Uniform Registration Form, please also provide a description of the
nature of the activity, any findings, any fine or other
---------------------------------------------------------------------------
dispositions.

If the applicant's answer to proposed Question 5 is ``no,'' the
applicant would not be prompted to answer proposed Question 5.a.
    The proposed conforming changes to Standard 1 of Form CMA are
intended to collect necessary information efficiently. Proposed
Question 5.a. would reduce the burden on firms to provide FINRA with
duplicate information by not requiring applicants to describe each
``final criminal matter'' or ``specified risk event'' that was already
described on a Uniform Registration Form. Thus, if the matter or event
has already been reported on a Uniform Registration Form, the applicant
would only need to provide the subject party and that person's CRD
number. If the matter or event has not been reported on a Uniform
Registration Form, the applicant also would be required to provide a
description of the nature of the activity, any findings, any fine or
other dispositions, to support compliance with Rule 1017(a)(7).
Further, requiring firms to provide the subject party's CRD number
would facilitate FINRA's coordination of information entered on Form
CMA with information that has been entered on a Uniform Registration
Form or provided in a related materiality consultation, and thus enable
FINRA to more efficiently monitor for compliance with Rule 1017(a)(7).
    Form CMA's Standard 1 section also requests the applicant to
provide information on contemplated changes in direct ownership and
indirect ownership. For example, the applicant is currently prompted to
provide, as applicable, the proposed direct or indirect owner's CRD
number, name, roles, the date the role was acquired, the person's
ownership percentage, and whether the person is a ``control person,''
among other information. Rule 1017(a)(7) applies when a natural person
seeking to become an ``owner'' or ``control person'' (among other
roles) has, in the prior five years, ``one or more final criminal
matters or two or more specified risk events.'' Rule 1017(a)(7) further
provides that, for purposes of

Rule 1017(a)(7), the term ``owner'' has the same meaning as ``direct
owner'' and ``indirect owner'' on Form BD Schedules A and B, as amended
from time to time. To conform with Rule 1017(a)(7), FINRA is proposing
to add a question about whether the contemplated direct or indirect
owner of the applicant is a ``FINRA Rule 1017(a)(7) Person (i.e. ,
whether such person has one or more `final criminal matters' or two or
more `specified risk events' in the prior five years).'' \22\
---------------------------------------------------------------------------

    \22\ Member firms also would identify these direct and indirect
owners in materiality consultations pursuant to Rule 1017(a)(7). See
Rule 1017(a)(7) (providing that a written request for a materiality
consultation ``must address the issues that are central to the
materiality consultation''); Securities Exchange Act Release No.
88600 (April 8, 2020), 85 FR 20745, 20753 (April 14, 2020) (Notice
of Filing of File No. SR-FINRA-2020-011) (explaining that a member
submitting a request for a materiality consultation would need to
provide information relating to the subject person), supra note 20.
---------------------------------------------------------------------------

2. Form CMA's ``Standard 3: Compliance with securities laws, just and
equitable principles of trade'' Section
    Standard 3 requires FINRA to determine whether an applicant and its
associated persons ``are capable of complying with'' the applicable
securities laws and regulations, and with applicable FINRA rules.
Standard 3 sets forth several factors, including past and current
disciplinary actions and customer claims, that FINRA must consider in
making that determination. The existence of certain factors that
``[raise] a question of capacity to comply with the federal securities
laws and the rules of [FINRA]'' results in a rebuttable presumption to
deny the application.\23\ In general, Form CMA's Standard 3 section
currently includes questions that require an applicant to indicate
whether it or any of its associated persons are subject to any of the
specified factors described in Standard 3, direct the applicant to
provide additional information about those factors, require the
applicant to explain, even with the existence of the specified factors,
how it will be able to comply with applicable securities laws and
regulations and with applicable FINRA rules, ask arbitration-related
questions, and prompt the applicant to provide supporting
documents.\24\
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    \23\ See Notice to Members 04-10 (February 2004) (announcing
amendments to Rules 1011, 1014, and 1017); and Rule 1017(i) (setting
forth the events that create a rebuttable presumption to deny a
CMA).
    \24\ See generally Form CMA, Standard 3, Questions 1, 2, 3, and
4 (within the category titled ``Explain how this Standard is
met.''). In 2020, some questions in Form CMA's Standard 3 section
underwent adjustments to align with the arbitration-related
amendments to the MAP rules as described in File No. SR-FINRA-2019-
030. See supra note 18.
---------------------------------------------------------------------------

    FINRA is proposing to add new questions to Form CMA's Standard 3
section for the same reason that FINRA is proposing new questions to
Form CMA's Standard 1 section, which is to require the applicant to
provide information necessary to support compliance with Rule
1017(a)(7). These proposed questions are intended to collect the
necessary information in an efficient manner, as further explained
below.
    FINRA is proposing to add new Question 5 to Form CMA's Standard 3
section, using language similar to proposed Question 5 in Form CMA's
Standard 1 section. A similar question in Form CMA's Standard 3 section
is needed because information concerning a person described in Rule
1017(a)(7) would be relevant to a CMA filed pursuant to other
subparagraphs of Rule 1017(a).\25\ Specifically, proposed Question 5
would require the applicant to provide a ``yes'' or ``no'' answer to
the following:
---------------------------------------------------------------------------

    \25\ Rule 1017(a)(7) requires a member to file a CMA only when
``the member is not otherwise required to file a Form CMA in
accordance with Rule 1017.''

    5. Does this application propose to add a natural person as an
owner, control person, principal or registered person who, in the
prior five years, has one or more ``final criminal matters'' or two
or more ``specified risk events''?* See FINRA Rule 1017(a)(7). (For
purposes of Rule 1017(a)(7), the term ``owner'' has the same meaning
as ``direct owner'' and ``indirect owner'' on Form BD Schedules A
and B, as amended from time to time, and the term ``control person''
means a person who would have ``control'' as defined on Form BD, as
---------------------------------------------------------------------------
amended from time to time.)

If the applicant answers ``yes,'' the applicant would then be asked in
proposed Question 5.a. whether the information was provided above in
the section concerning Standard 1, Question 5.a. If the answer to
Standard 3, Question 5.a. is ``yes,'' then the applicant would not be
required to complete Question 5.b. If the answer to Standard 3,
Question 5.a. is ``no,'' then the applicant would be required to
respond to proposed Question 5.b.:

    b. If the answer to Question 5.a. is ``no,'' for each ``final
criminal matter'' or ``specified risk event,'' if the matter or
event has been reported on a Uniform Registration Form (i.e., Forms
U4, U5, U6, BD), please provide the subject party and that person's
CRD number. If the matter or event has not been reported on a
Uniform Registration Form, please also provide a description of the
nature of the activity, any findings, any fine or other
dispositions.

The applicant would be able to provide the information requested in
proposed Question 5.b. in a chart identical to the chart proposed to
follow Question 5.a. in Form CMA's Standard 1 section.\26\
---------------------------------------------------------------------------

    \26\ See Exhibit 3 (Form CMA, Standard 3, chart accompanying
Proposed Question 5.b., within the category titled ``Explain how
this Standard is met'').
---------------------------------------------------------------------------

    The proposed conforming changes to Standard 3 of Form CMA are
intended to collect necessary information efficiently. Proposed
Questions 5.a. and 5.b. and the accompanying chart to Form CMA's
Standard 3 section would reduce the burden on firms to provide FINRA
with duplicate information already provided earlier on Form CMA or
separately in a Uniform Registration Form. If the matter or event has
already been described in Form CMA's Standard 1 section, the applicant
would be able to cross-reference that description. If the matter or
event was not already described in Form CMA's Standard 1 section but
was already reported on a Uniform Registration Form, the applicant
would only need to provide the subject party and that person's CRD
number. If the matter or event has not been reported in Form CMA's
Standard 1 section or on a Uniform Registration Form, the applicant
would also be required to provide a description of the nature of the
activity, any findings, any fine or other dispositions, to support
compliance with Rule 1017(a)(7). Further, requiring firms to provide a
CRD number would enable FINRA to facilitate FINRA's coordination of
information entered on Form CMA with information that has been entered
on a Uniform Registration Form or provided in a related materiality
consultation, and therefore enable FINRA to more efficiently gather
relevant information.

C. Other Proposed Non-Substantive, Technical Amendments to Form CMA

    FINRA is also proposing several non-substantive, technical changes
to Form CMA. First, FINRA is proposing to include in Form CMA's
Standard 1 section and Standard 3 section a reminder to the applicant
that, ``[e]very Form U4 shall be kept current at all times by
supplementary amendments to the original Form U4. See FINRA By-Laws,
Art. V, Sec. 2(c).'' Form U4 is one of the ``Uniform Registration
Forms,'' as defined by amendments to the MAP rules.\27\ Second, FINRA
is proposing to amend Form CMA's ``Type of Continuing Membership
Application'' section to change ``comprising'' to

``composing'' to match the language used in Rule 1017(a)(3).\28\
---------------------------------------------------------------------------

    \27\ See paragraph (r) under Rule 1011 (defining ``Uniform
Registration Forms'') as amended by SR-FINRA-2020-011, supra note 5.
    \28\ See Rule 1017(a)(3) (requiring, in pertinent part, a member
to file an application for approval of ``direct or indirect
acquisitions or transfers of 25 percent or more in the aggregate of
the member's assets or any asset, business or line of operation that
generates revenues composing 25 percent or more in the aggregate of
the member's earnings measured on a rolling 36-month basis'')
(Emphasis added).
---------------------------------------------------------------------------

    Finally, FINRA is proposing to add within Form CMA's Standard 1
section new Questions 4.a., 4.b. and 4.c that would efficiently collect
the information needed to monitor for compliance with Rule 1017(a)(6).
Proposed Questions 4.a. and 4.b. would ask the applicant to indicate
whether the CMA is required under Rule 1017(a)(6)(A) or Rule
1017(a)(6)(B), respectively.\29\ If the applicant answers ``yes'' to
either question, then proposed Question 4.c. would prompt the applicant
to list, for each covered pending arbitration claim, unpaid arbitration
award, or unpaid settlement related to an arbitration, the subject
party and that person's CRD number in a chart. FINRA believes that
adding these proposed questions and the accompanying chart to Form
CMA's Standard 1 section would efficiently collect the information
needed to monitor for compliance with Rule 1017(a)(6).\30\ The proposed
questions would also achieve parity with the manner FINRA is proposing
to elicit information needed to monitor for compliance with Rule
1017(a)(7). Additionally, proposed Question 4 would allow FINRA to
readily coordinate information entered on Form CMA with information
that may have been entered on a Uniform Registration Form or provided
in a materiality consultation.
---------------------------------------------------------------------------

    \29\ See generally Exhibit 3 (Form CMA, Standard 1, proposed
Questions 4, 4.a., 4.b., 4.c. and accompanying chart, within the
category titled ``Overview of the proposed change'').
    \30\ The requested information is similar to the information
that member firms would provide in a materiality consultation
pursuant to Rule 1017(a)(6). See Rule 1017(a)(6)(A) and (B)
(providing that the written request for a materiality consultation
``must address the issues that are central to the materiality
consultation''); see also Checklist for Mandatory Materiality
Consultations Under Rule 1017(a)(6), https://www.finra.org/rules-guidance/guidance/materiality-consultation-process/checklist-under-rule-1017a6 (providing guidance to firms to provide, among other
things, the name, title and CRD number of associated persons with a
covered pending arbitration claim, unpaid arbitration award or
unpaid settlement related to an arbitration).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so FINRA can implement the proposed rule change on
September 1, 2021, to coincide with the effective date of the
amendments to the MAP rules as announced in Regulatory Notice 21-
09.\31\ The proposed changes to Form CMA conform to the recently
amended MAP rules. To facilitate member firm compliance with the
amended rules on the date they become effective, it is necessary for
the amendments to Form CMA to become effective on the same date.
---------------------------------------------------------------------------

    \31\ FINRA notes that the proposed rule change would impact all
members, including members that have elected to be treated as
capital acquisition brokers (``CABs''), given that CAB Rule 116
(Application for Approval of Change in Ownership, Control, or
Business Operations) incorporates, by reference, Rule 1017, which
requires that a member's application for approval of changes to its
ownership, control, or business operations include a Form CMA. See
Rule 1017(b)(2).
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\32\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The proposed changes to Form CMA will conform the form to the
amendments to Rule 1017(a)(7), as described in the SEC Order. The
proposed changes to Form CMA will also help ensure that applicants for
continuing membership provide the information and documentation to
produce a complete application package for FINRA's review.

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA's recent amendments to
the MAP rules, which specify additional events that require a CMA for
FINRA's approval, necessitate conforming changes to the sections of
Form CMA pertaining to the type of CMA, Standard 1 and Standard 3. The
proposed conforming changes--i.e., listing in Form CMA's ``Type of
Continuing Membership Application'' section all of the events under
Rule 1017(a) that require a member to file Form CMA, and incorporating
in Form CMA's Standard 1 and Standard 3 sections questions that would
require the applicant to provide information about an individual's
``final criminal matters'' and ``specified risk events'' that is
necessary to support compliance with Rule 1017(a)(7)--are derived from,
and effectuate, recent amendments to the MAP rules concerning persons
with a significant history of misconduct and the broker-dealers that
employ them, as described in the SEC Order. In addition, the proposed
changes to Form CMA's Standard 1 section pertaining to Rule 1017(a)(6)
would efficiently collect the information needed to monitor for
compliance with that rule in the same manner that FINRA proposes to
collect information needed to monitor for compliance with Rule
1017(a)(7). FINRA considered and discussed the potential economic
impact of the recent amendments in File No. SR-FINRA-2020-011,
including the burden imposed on some applicants to seek a materiality
consultation with FINRA, and noted the potential requirement to file a
Form CMA and certain associated costs.\33\ FINRA believes that the
proposed conforming changes to Form CMA and the proposed technical
changes described herein would not result in new material economic
effects.
---------------------------------------------------------------------------

    \33\ See Securities Exchange Act Release No. 88600 (April 8,
2020), 85 FR 20745, 20755-62 (April 14, 2020) (Notice of Filing of
File No. SR-FINRA-2020-011).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \34\ and Rule 19b-
4(f)(6) thereunder.\35\
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(3)(A).
    \35\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\36\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA has requested
that the Commission waive the 30-day operative delay requirement so
that the proposed rule change may become operative on September 1,
2021. The Commission hereby grants the request. The

Commission finds that the proposed changes to Form CMA conform to the
recently amended MAP rules.\37\ The Commission therefore finds that the
proposed rule change is consistent with the goals set forth by the
Commission when it approved amendments to the MAP rules as described in
File No. SR-FINRA-2020-011, which become effective on September 1,
2021.\38\ The Commission finds that waiving the 30-day operative delay
would facilitate firm compliance with the amended MAP rules on the date
they become effective.\39\ Therefore, the Commission believes it is
consistent with the protection of investors and the public interest to
waive the 30-day operative delay requirement. Therefore the Commission
designates the proposed rule change as operative on September 1, 2021.
---------------------------------------------------------------------------

    \36\ 17 CFR 240.19b-4(f)(6)(iii).
    \37\ See supra note 5.
    \38\ Id.
    \39\ Similarly, the Commission finds that the non-substantive
and technical changes to Form CMA are consistent with the protection
of investors and the public interest.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to
determine whether the proposed rule should be approved or 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-FINRA-2021-020 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-FINRA-2021-020. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. 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-FINRA-2021-020 and
should be submitted on or before August 23, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Vanessa A. Countryman,
Secretary.
 [FR Doc. 2021-18945 Filed 9-1-21; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Rules and Regulations]
[Page 48551-48552]
[DOCID:fr11au10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0416; Airspace Docket No. 10-AEA-12]

Establishment of Class E Airspace; Williamson, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E Airspace at Williamson, WV, to
accommodate the additional airspace needed for the Standard Instrument
Approach Procedures (SIAPs) developed for Mingo County Regional. This
action also makes a minor adjustment to the geographic coordinates of
the airport.

DATES: Effective 0901 UTC, November 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 11, 2010, the FAA published in the Federal Register a notice
of proposed rulemaking to establish Class E airspace at Williamson, WV
(75 FR 26150) Docket No. FAA-2010-0416. Subsequent to publication, the
FAA found that the geographic coordinates needed to be adjusted. This
action makes that adjustment by incorporating the revised geographic
coordinates into the final rule. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective

September 15, 2009, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order. With the exception of editorial
changes, and the changes described above, this rule is the same as that
proposed in the NPRM.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes the Class E airspace extending upward from 700 feet
above the surface at Williamson, WV, to provide controlled airspace
required to support the SIAPs developed for Mingo County Regional. The
geographic coordinates for the airport will be adjusted to coincide
with the FAAs National Aeronautical Navigation Services. This action is
necessary for the safety and management of IFR operations at the
airports.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Williamson, WV.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, effective September 15, 2009, is
amended as follows:

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

AEA WV E5 Williamson, WV [New]

Mingo County Regional, WV
    (Lat. 37[deg]40'54'' N., long. 82[deg]07'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Mingo County Regional.

    Issued in College Park, Georgia, on August 2, 2010.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2010-19582 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-13-P