[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14478-14480]
[FR Doc No: 2020-05078]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0435; FRL-10004-99]

Agency Information Collection Activities; Proposed Renewal of an
Existing Collection (EPA ICR No. 0795.16 and OMB Control No. 2070-
0030); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Notification of Chemical Exports--TSCA Section
12(b)'' and identified by EPA ICR No. 0795.16 and OMB Control No. 2070-
0030, represents

the renewal of an existing ICR that is scheduled to expire on November
30, 2020. Before submitting the ICR to OMB for review and approval, EPA
is soliciting comments on specific aspects of the proposed information
collection that is summarized in this document. The ICR and
accompanying material are available in the docket for public review and
comment.

DATES: Comments must be received on or before May 11, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-EPA-HQ-OPPT-2015-0435, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Harlan Weir, Chemical Control
Division, Mail Code 7405M, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: ``Notification of Chemical Exports--TSCA Section 12(b)''.
    EPA ICR number: EPA ICR No. 0795.16.
    OMB control number: OMB Control No. 2070-0030.
    ICR status: This ICR is currently scheduled to expire on November
30, 2020. 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 OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Section 12(b) of the Toxic Substances Control Act (TSCA)
requires any person who exports or intends to export a chemical
substance or mixture that is regulated under TSCA sections 4, 5, 6 and/
or 7 to notify EPA of such export or intent to export. This requirement
is described in more detail in the Code of Federal Regulations (CFR) at
40 CFR part 707, subpart D. Upon receipt of notification, EPA advises
the government of the importing country of the U.S. regulatory action
that required the notification with respect to that substance. EPA uses
the information obtained from the submitter via this collection to
advise the government of the importing country. This information
collection addresses the burden associated with industry reporting of
export notifications. The respondent may claim all or part of a notice
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.62
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are exporters of chemical substances or mixtures from the
United States to foreign countries, which are mostly chemical companies
classified under NAICS Codes 325 and 324.
    Estimated total number of potential respondents: 198.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
24.
    Estimated total annual burden hours: 2,934 hours.
    Estimated total annual costs: $230,198, includes no annualized
capital investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is a decrease of 1,098 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This decrease reflects a net change with a large
decrease in burden due to the anticipated use of e-reporting and a
small increase in burden due to a greater number of submissions
(decrease in number of firms responding, but increase in number of
reports per firm), CBI substantiation, and an administrative adjustment
(+7 hours). Based on 63 percent of exporters reporting electronically,
there is a decrease in burden of approximately 811 hours relative to
the case in which all submissions were paper-based.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR

1320.12. EPA will issue another Federal Register document pursuant to 5
CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and
the opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: March 8, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-05078 Filed 3-11-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9127-9129]
[FR Doc No: 2019-04584]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-0357]

Cancer Clinical Trial Eligibility Criteria: Brain Metastases;
Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Cancer
Clinical Trial Eligibility Criteria: Brain Metastases.'' This draft
guidance is one in a series of guidances that provide recommendations
regarding eligibility criteria for clinical trials of drugs or
biological products regulated by the Center for Drug Evaluation and
Research (CDER) and the Center for Biologics Evaluation and Research
(CBER) for the treatment of cancer. Specifically, this draft guidance
includes recommendations on the inclusion of patients with brain
metastases. Patients with brain metastases have historically been
excluded from clinical trials due to concerns of poor functional
status, shortened life expectancy, or increased risk of toxicity. Given
the prevalence of brain metastases in patients with cancer, their
systematic exclusion from clinical trials may result in the assessment
of an investigational drug's efficacy or safety in a trial population
that is not fully representative of the patient population that will be
prescribed the drug in clinical practice. Broadening cancer trial
eligibility criteria can maximize the generalizability of trial results
and the ability to understand the therapy's benefit-risk profile across
the patient population likely to use the drug in clinical practice
without jeopardizing patient safety.

DATES: Submit either electronic or written comments on the draft
guidance by May 13, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to

the docket unchanged. Because your comment will be made public, you are
solely responsible for ensuring that your comment does not include any
confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-0357 for ``Cancer Clinical Trial Eligibility Criteria: Brain
Metastases.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Office of Communication, Outreach and Development, CBER, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128,
Silver Spring, MD 20993-0002; or the Division of Drug Information,
CDER, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. The draft guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.

FOR FURTHER INFORMATION CONTACT: Stephen Ripley, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911; or Julia Beaver, Center for Drug Evaluation and Research,
Food and Drug Administration, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 2100, Silver Spring, MD 20993-0002, 240-
402-0489.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Cancer Clinical Trial Eligibility Criteria: Brain
Metastases.'' This draft guidance provides recommendations on the
inclusion of patients with brain metastases in clinical trials of drugs
or biological products regulated by CDER and CBER for the treatment of
cancer.
    A clinical trial's eligibility criteria are essential components of
the trial, defining the characteristics of the study population.
Eligibility criteria should be developed taking into consideration the
mechanism of action of the drug, the targeted disease or patient
population, the anticipated safety of the investigational drug, and the
ability to recruit trial participants from the patient population to
meet the objectives of the clinical trial. However, some eligibility
criteria have become commonly accepted over time or used as a template
across trials without clear scientific or clinical rationale.
Unnecessarily restrictive eligibility criteria may slow patient
accrual, limit patients' access to clinical trials, and lead to trial
results that do not fully represent treatment effects in the patient
population that will ultimately use the drug. Broadening cancer trial
eligibility criteria can maximize the generalizability of trial results
and the ability to understand the therapy's benefit-risk profile across
the patient population likely to use the drug in clinical practice
without jeopardizing patient safety.
    The draft guidance includes general recommendations regarding
eligibility criteria for patients with brain metastases, as well as
recommendations specific to patients with treated/stable metastases,
active metastases, and leptomeningeal metastases.
    The recommendations in this draft guidance do not apply to trials
designed specifically to assess the safety and efficacy of
investigational drugs for the treatment of primary brain cancers (e.g.,
glioblastoma) or brain metastases.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Cancer
Clinical Trial Eligibility Criteria: Brain Metastases.'' It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations. This guidance
is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 312 have been approved under OMB
control number 0910-0014; the collections of information in 21 CFR
201.56 and 201.57 have been approved under OMB control number 0910-
0572.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, the
https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
https://www.regulations.gov.

    Dated: March 7, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-04584 Filed 3-12-19; 8:45 am]
 BILLING CODE 4164-01-P


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

General Comment:This material was published by the Center for American Progress (http://www.americanprogress.org/).


[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Page 33754]
[FR Doc No: 2013-13291]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2008-0059, Notice No. 7]
RIN 2130-AC37

Railroad Workplace Safety; Adjacent-Track On-Track Safety for
Roadway Workers

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Final rule; delay of effective date.

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SUMMARY: This document delays the effective date of the final rule
published November 30, 2011, and scheduled to take effect on July 1,
2013. The final rule mandates that roadway workers comply with
specified on-track safety procedures that railroads must adopt to
protect those workers from the movement of trains or other on-track
equipment on ``adjacent controlled track.'' FRA received two petitions
for reconsideration of the final rule, and five comments in response to
the March 8, 2012, final rule that requested comments on the petitions
for reconsideration. The petitions and comments raised a number of
substantive issues requiring a detailed response. As FRA's response to
those petitions and comments is still being reviewed, this document
delays the effective date of the final rule until July 1, 2014.

DATES: The effective date for the final rule published November 30,
2011, at 76 FR 74586, and delayed on March 8, 2012, at 77 FR 13978, is
further delayed until July 1, 2014.

FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Track
Division, Office of Safety Assurance and Compliance, FRA, 1200 New
Jersey Avenue SE., RRS-15, Mail Stop 25, Washington, DC 20590
(telephone<PHONE_NUMBER>); or Joseph St. Peter, Trial Attorney, Office
of Chief Counsel, FRA, 1200 New Jersey Avenue SE., RCC-12, Mail Stop
10, Washington, DC 20590 (telephone<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: On November 30, 2011, FRA published a final
rule amending its regulations on railroad workplace safety to further
reduce the risk of serious injury or death to roadway workers
performing work with potentially distracting equipment near certain
adjacent tracks. See 76 FR 74586. In particular, the rule requires that
roadway workers comply with specified on-track safety procedures that
railroads must adopt to protect those workers from the movement of
trains or other on-track equipment on ``adjacent controlled track.'' In
response to the final rule, FRA received two petitions for
reconsideration that raised substantive issues, requiring a detailed
response from FRA. The effective date of the 2011 final rule was to be
May 1, 2012; however, due to the complexity of the issues raised in the
petitions, as well as in consideration of the railroads' safety
training schedules, FRA published a final rule delaying the effective
date of the 2011 final rule until July 1, 2013, and establishing a 60-
day comment period in order to permit interested parties an opportunity
to respond to the petitions for reconsideration. See 77 FR 13978 (March
8, 2012). FRA received five comments on the petitions for
reconsideration, a number of which raise additional substantive issues
or provide further detailed information on the issues already raised.
FRA's response to the petitions and comments is still being reviewed,
and may not be published before the 2011 final rule's current effective
date of July 1, 2013. Accordingly, in order to accommodate railroads'
normal training schedules and to allow railroads to incorporate any
amendments that FRA's response to the petitions and comments on the
petitions may make to the final rule, this document delays the
effective date of the November 30, 2011, final rule until July 1, 2014.
Therefore, railroads and roadway workers need not comply with any
requirements imposed by the 2011 final rule until July 1, 2014.

List of Subjects in 49 CFR Part 214

    Occupational safety and health, Penalties, Railroad safety.

The Final Rule

    In consideration of the foregoing, FRA delays the effective date of
the November 30, 2011, final rule until July 1, 2014.

    Issued in Washington, DC, on May 30, 2013.
Joseph C. Szabo,
Administrator.
[FR Doc. 2013-13291 Filed 6-4-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53248-53249]
[FR Doc No: 2014-21223]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-66]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 29, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0557 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC, 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on September 2, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2014-0557.
    Petitioner: MicroCopter Professional Services Inc.
    Section of 14 CFR: part 21, Subpart H; Sec. Sec.  45.23(b),
61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119,
91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1),
91.409(a)(2), and 91.417(a) and (b).
    Description of Relief Sought: The petitioner is seeking an
exemption to commercially operate their small UAS with their own
operators and specialized devices for conducting aerial filming and
inspections under contract with industries, private and public sectors,
including air filming services for commercial and television purposes.

[FR Doc. 2014-21223 Filed 9-5-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17570-17571]
[FR Doc No: 2023-06001]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10759-01-OMS]

Request for Nominations to EPA's National and Governmental
Advisory Committees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of request for nominations.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a diverse range of qualified candidates to be
considered for approximately 12 vacancies in the National Advisory
Committee (NAC) and the Governmental Advisory Committee (GAC) which
advises the U.S. Representative to the Commission for Environmental
Cooperation (CEC). Vacancies on these two committees are expected to be
filled by the fall of 2023. Additional sources may be utilized in the
solicitation of nominees.

DATES: Please submit nominations by May 19, 2023.

ADDRESSES: Submit nominations via email to: Oscar Carrillo, Designated
Federal Officer, Office of Resources and Business Operations, Federal
Advisory Committee Management Division, U.S. Environmental Protection
Agency with subject line COMMITTEE RESUME/CV 2023 to
[email protected].

FOR FURTHER INFORMATION CONTACT: For information on the NAC or GAC
membership, please contact Oscar Carrillo, Designated Federal Officer,
by telephone at<PHONE_NUMBER> or by email at [email protected].

SUPPLEMENTARY INFORMATION: The National Advisory Committee and the
Governmental Advisory Committee advise the EPA Administrator in his
capacity as the U.S. Representative to the Commission for Environmental
Cooperation (CEC) on the development of U.S. policy positions regarding
environment and trade in North America. The NAC and GAC were
established May 13, 1994 and are authorized under Article 11 of the
Environmental Cooperation Agreement (ECA) between the United States,
Mexico and Canada entered into force on July 1, 2020, in parallel with
the United States of America, United States of Mexico, and Canada
(USMCA) trade agreement; and was established pursuant to Executive
Order 12915, entitled ``Federal Implementation of the North American
Agreement on Environmental Cooperation.'' The NAC and GAC were
continued under the authority of Executive Order 14048, dated September
30, 2021, and operates under the provisions of the Federal Advisory
Committee Act (FACA), 5 U.S.C. 10.
    The committees are responsible for providing advice to the United
States Representative on a wide range of strategic, scientific,
technological, regulatory, and economic issues related to
implementation and further elaboration of the ECA and the USMCA. The
NAC consists of 15 representatives from environmental non-profit
groups, business and industry, and educational institutions. The GAC
consists of 15 representatives from state, local, and tribal
governments. Members are appointed by the EPA Administrator for a two-
year term. The committees usually meet three times per year and the
average workload for committee members is approximately 10 to 15 hours
per month. Members serve on the committees in a voluntary capacity.
Although EPA is unable to provide compensation or an honorarium for
services, members may receive travel and per diem allowances, according
to applicable federal travel regulations and EPA's budget. EPA is
seeking nominations from various sectors, i.e., for the NAC we are
seeking nominees from academia, business and industry, and
nongovernmental organizations; for the GAC we are seeking nominees from
state, local and tribal government sectors. Nominees will be considered
according to the mandates of FACA, which requires committees to support
diversity across a broad range of constituencies, sectors, and groups.
In accordance with Executive Order 14035 (June 25, 2021) and consistent
with law, EPA values and welcomes opportunities to increase diversity,
equity, inclusion, and accessibility on its federal advisory
committees. EPA's federal advisory committees strive to have a
workforce that reflects the diversity of the American people.
Additional information about the NAC and GAC is available at https://www.epa.gov/faca/nac-gac.
    Selection Criteria: The following criteria will be used to evaluate
nominees:
     Professional knowledge of the subjects examined by the
committees, including trade & environment issues, the USMCA and ECA,
and the CEC

     Represent a sector or group involved in trilateral
environmental policy issues
     Senior-level experience in the sectors represented on both
committees
     Demonstrated ability to work in a consensus building
process with a wide range of representatives from diverse
constituencies
    How to Submit Nominations: Any interested person or organization
may nominate qualified persons to be considered for appointment to
these advisory committees. Individuals may self-nominate.
     Nominations must include: (1) a statement of interest, (2)
resume or curriculum vitae (CV) and (3) a short biography describing
the professional and educational qualifications of the nominee, as well
as the nominee's current business address, email address, and daytime
telephone number. The statement of interest should describe how your
background, knowledge, and experience would add value to the
committee's work, and how your qualifications would contribute to the
overall diversity of the NAC or GAC. To help the Agency in evaluating
the effectiveness of its outreach efforts, please include in the
statement of interest how you learned of this opportunity.
     Candidates from the academic sector must also provide a
letter of support authorizing the nominee to represent their
institution.
     Federal registered lobbyists are not permitted to serve on
federal advisory committees.
     Please be aware that EPA's policy is that, unless
otherwise prescribed by statute, members generally are appointed for a
two-year term. Anyone interested in being considered for nomination
should submit their application materials by May 19, 2023.

Oscar Carrillo,
Program Analyst.
[FR Doc. 2023-06001 Filed 3-22-23; 8:45 am]
BILLING CODE 6560-50-P


Cooling Water Intake Structure ( CWIS) Information Data Required Rig Information Rig Name Noble Tom Jobe Rig Type Jackup Total Installed Power Generation Capacity 6,600 HP Number of Cooling Water Intake Structures ( CWISs) 4 Brief description of each CWIS ( e. g., sea chest, simple pipe) 3 Deep Well Tower 1 Sea Chest Rough dimensions of each CWIS and indicate whether onboard CWIS has an existing flange 6" Deep Well; Flanged 10" Sea Chest; No Flange Screen type ( e. g., strainer, wedge wire) with mesh size Duplex Basket Strainer  Unlined Perforated Basket 5/ 32" holes Total Design Specifications for Daily Maximum Water Intake Volume of each CWIS 1,364,454 gals ( 34,287 bbls)

Total Daily Water Intake Volume of each CWIS ( Set up/ Drilling) 1,364,454 gals ( 34,287 bbls)

Design Specs for Through Screen Velocity of each CWIS ( i. e., Q= V* A) ( Set up/ Drilling) Deep Well = 1.0 ft. per second Sea Chest = 4.1 ft. per second List of Purposes of Cooling Water Intakes ( e. g., cool crude oil, produced water, power generators, drill pipe brakes) Brake Water Cooling List of Purposes of Non cooling Water Intakes ( e. g., fire water, hotel loads) Fire pump, Sanitary, Watermakers Total Volume of Water Intake for Ballasting, Duration of the Ballast intake, and the Through Screen Velocity of the Ballast intake 1,043,314 gal ( 24,817 bbls) Ballast Water ( preload) on board approx. 6 hours. Thru screen velocity = 1.0 fps Mitigation Measures for reducing Exotic Species Migration through Ballast water Ballast water not transported. It is taken on and dumped from the same location. Mitigation Measures for reducing Impingement and Entrainment of Aquatic Organisms, as well as Bio fouling Prevention Measures Cover over sea chest, cathodic protection. Basket strainer.

Is the Rig equipped with a Radiator Cooling System for the Main Engines? Yes


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22470-22471]
[FR Doc No: 2023-07797]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3592-EM; Docket ID FEMA-2023-0001]

California; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of California (FEMA-3592-EM), dated March 10,
2023, and related determinations.

DATES: The declaration was issued March 10, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency

Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-
2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 10, 2023, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of California resulting from severe winter storms,
flooding, landslides, and mudslides beginning on March 9, 2023, and
continuing, are of sufficient severity and magnitude to warrant an
emergency declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists in the
State of California.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Andrew
F. Grant, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of California have been designated
as adversely affected by this declared emergency:

    Amador, Butte, El Dorado, Fresno, Humboldt, Imperial, Inyo,
Kern, Lake, Los Angeles, Madera, Mariposa, Mendocino, Merced, Mono,
Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Bernardino,
San Francisco, San Mateo, San Luis Obispo, Santa Barbara, Santa
Clara, Santa Cruz, Sierra, Sonoma, Stanislaus, Tulare, Tuolumne, and
Yuba Counties for emergency protective measures (Category B),
limited to direct federal assistance, under the Public Assistance
program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-07797 Filed 4-12-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Notices]
[Page 2291-2292]
[DOCID:fr14ja08-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57106; File No. SR-Amex-2007-36]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 To
Eliminate a Volume Add-on to Amex Options Specialist Financial
Requirements

January 4, 2008.
    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 April 10, 2007, the American Stock Exchange LLC (``Amex'' 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 substantially prepared by Amex. On
December 12, 2007, the Exchange filed Amendment No. 1 to the proposed
rule change. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Amex options specialist
financial requirements to eliminate the add-on of $25,000 for each
option class in excess of the initial twenty-five issues in which the
specialist is registered. The text of the proposed rule change is
available on the Amex's Web site at http://www.amex.com 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 Exchange 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. The Exchange 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Amex is proposing to amend Rule 950-ANTE(h). Rule 950-ANTE(h)
currently requires an option specialist to maintain minimum tentative
net capital in the amount of $1,000,000 plus $25,000 for each option
issue (option class) in excess of the initial twenty-five issues in
which the specialist is registered. The amendment would eliminate the
$25,000 add-on for each option class in excess of the initial twenty-
five option classes.
    Amex member firms are subject to both the Amex and the Commission's
net capital rule.\3\ The multiple listing of options across markets, as
well as quoting obligations of registered options traders, remote
registered options traders, and supplemental registered options traders
now provides multiple sources of liquidity in each options class, which
diminishes the role and need to highly capitalize any one liquidity
provider. Therefore, the benefits of requiring Amex options specialists
to maintain net capital beyond the Commission's net capital rule have
been greatly reduced. Reducing the amount of capital required to be
held under the Amex net capital rule also would allow options
specialists to use funds previously maintained to meet Amex net capital
requirements for other purposes, lowering their cost of business and
helping to ensure that they can continue to function as options
specialists on the Exchange.
---------------------------------------------------------------------------

    \3\ Rule 15c3-1 under the Act (17 CFR 240.15c3-1).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with

Section 6(b) of the Act \4\ in general and furthers the objectives of
Section 6(b)(5) \5\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change; or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-Amex-2007-36 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-Amex-2007-36. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Amex-2007-36 and should be
submitted on or before February 4, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-349 Filed 1-11-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12126-12127]
[FR Doc No: 2011-4976]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0137]

Notice of Public Meeting To Prepare for the 55th Session of the
International Maritime Organization's Sub-Committee on Ship Design and
Equipment (DE) To Be Held March 21 Through 25, 2011

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The United States Coast Guard will conduct a public meeting
starting at 9:30 a.m. on Thursday, March 17, 2011, in Room 6103 of the
United States Coast Guard Headquarters Building, 2100 Second Street,
SW., Washington, DC, 20593-7126. The primary purpose of the meeting is
to prepare for the 55th session of the International Maritime
Organization's Sub-Committee on Ship Design and Equipment (DE) to be
held at the International Maritime Organization in London, United
Kingdom from March 21 through 25, 2011.

DATES: This public meeting will be held beginning at 9:30 a.m., Eastern
Time, on Thursday, March 17, 2011.

ADDRESSES: The public meeting will be held in Room 6103 of the United
States Coast Guard Headquarters Transpoint building in Washington DC.
The Transpoint building is located at 2100 Second Street, Southwest, in
Washington, DC, approximately 1 mile from the Southwest-SEU Metro
Station. Send written material and requests to make oral presentations
to Mr. Wayne Lundy, Commandant (CG-5213), U.S. Coast Guard
Headquarters, 2100 Second Street, SW., Room 1300, Washington, DC 20593-
7126, by calling<PHONE_NUMBER>, or by e-mailing Mr. Lundy at
<EMAIL_ADDRESS>This notice may be viewed in our online docket,
USCG-2011-0137, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For additional information about this
public meeting you may contact Mr. Wayne

Lundy by telephone at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The primary matters to be considered
include:

--Safety provisions applicable to tenders operating from passenger
ships
--Performance standards for recovery systems for all types of ships
--Guidelines for a visible element to general alarm systems on
passenger ships
--Making the provisions of MSC.1/Circ.1206/Rev.1 mandatory
--Guidelines for the standardization of lifeboat control arrangements
--Development of new framework of requirements for life-saving
appliances
--Amendments to Assembly Resolution A.744(18)
--Supporting guidelines for cargo oil tank coating and corrosion
protection
--Development of a mandatory Code for ships operating in polar waters
--Revision of resolution A.760(18)
--Protection against noise on board ships
--Noise from commercial shipping and its adverse impacts on marine life
--Classification of offshore industry vessels and consideration of the
need for a Code for offshore construction support vessels
--Consideration of IACS unified interpretations
--Measures to promote integrated bilge water treatment systems
--Revision of resolution MEPC.159(55)
--Revision of testing requirements for lifejacket RTDs.

    Hard copies of documents associated with the 55th session of DE
will be available at this meeting. To request further copies of
documents please write to the address provided below.
    Members of the public may attend this meeting up to the seating
capacity of the room and may submit comments. Those who wish to submit
comments or seek additional information about the meeting may contact
Mr. Wayne Lundy, Commandant (CG-5213), U.S. Coast Guard Headquarters,
2100 Second Street, SW., Room 1300, Washington, DC 20593-7126, by
telephone<PHONE_NUMBER> or e-mail<EMAIL_ADDRESS>
Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Mr. Wayne Lundy at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>as soon as possible.

    Dated: March 1, 2011.
J. G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2011-4976 Filed 3-3-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53891]
[DOCID:fr17se08-112]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3290-EM]

Texas; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Texas (FEMA-3290-EM), dated August 29, 2008, and related
determinations.

DATES: Effective Date: September 7, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 7, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21661 Filed 9-16-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72561-72564]
[FR Doc No: 2013-28611]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0420; Directorate Identifier 2011-NM-241-AD;
Amendment 39-17685; AD 2013-24-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B,
747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and
747SP series airplanes. This AD was prompted by a report of a disbonded
doubler and a skin crack in section 41 of the fuselage, and multiple
reports of cracked or missing fastener heads. This AD requires
repetitive inspections for cracking of the fuselage skin, discrepant
fasteners, and for disbonds at the doublers; and related investigative
and corrective actions if necessary. For certain airplanes, this AD
also requires a terminating repair for repair doublers. We are issuing
this AD to prevent rapid decompression and loss of structural integrity
of the airplane due to such disbonding and subsequent cracking of the
skin panels.

DATES: This AD is effective January 7, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 7,
2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, 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; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on May 16, 2013 (78 FR 28767).
The NPRM proposed to require repetitive inspections for cracking of the
fuselage skin, discrepant fasteners, and for disbonds at the doublers;
and related investigative and corrective actions if necessary. For
certain airplanes, the NPRM also proposed to require a terminating
repair for repair doublers.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 28767, May 16, 2013) and the FAA's response to each comment.

Request To Add Terminating Action for Other AD Actions

    Boeing requested that we include the requirements of paragraph (h)
of AD 2006-24-05, Amendment 39-14834 (76 FR 68434, November 27, 2006),
in paragraph (k)(3) of the NPRM (78 FR 28767, May 16, 2013), which
specifies that accomplishing the required actions proposed by the NPRM
terminates certain requirements of AD 2006-24-05. Boeing stated that
including the requirements of paragraph (h) of AD 2006-24-05 in
paragraph (k) of the NPRM would then be consistent with paragraph
(k)(2) of the NPRM that

includes paragraph (l) of AD 2006-24-02.
    We do not agree with the commenter's request. Boeing Service
Bulletin 747-53A2747, Revision 2, dated February 22, 2012, which is the
referenced service information in this final rule, is an alternative
method of compliance (AMOC) for the three ADs specified in paragraph
(k) of this final rule for only the corresponding paragraphs of those
ADs that are listed in paragraphs (k)(1), (k)(2), and (k)(3) of this
final rule. Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2012, does not list paragraph (h) of AD 2006-24-05,
Amendment 39-14834 (76 FR 68434, November 27, 2006), as one of the
paragraphs for which the service information is a method of compliance.
We have not changed this final rule in this regard.

Request To Revise the Compliance Time

    Delta Airlines (DAL) requested that we revise the compliance time
to make it more feasible for an operator to accomplish the actions in
the NPRM (78 FR 28767, May 16, 2013). DAL stated that certain affected
DAL airplanes will require inspections within 150 flight cycles after
the effective date of the final rule. DAL also stated that current
usage of the affected DAL airplanes is approximately 500 to 540 flight
cycles per year and, therefore, the 150-flight-cycle compliance time
would require ``special visits to complete.''
    We do not agree with the commenter's request to extend the
compliance time. In developing an appropriate compliance time for this
final rule, we considered the urgency associated with the identified
unsafe condition and the manufacturer's recommendations. Disbonded
doublers, skin cracking, and cracked or missing fastener heads are a
significant safety issue, and we have determined that the inspection
compliance times are warranted. The commenter provided no technical
justification for revising the inspection thresholds. However, under
the provisions of paragraph (l) of this final rule, we will consider
requests for approval of an extension of the compliance time if
sufficient data are submitted to substantiate that the extension would
provide an acceptable level of safety. We have not changed this final
rule in this regard.

Request To Expand Work-Hour Break-Outs

    DAL requested that we break out the work-hours identified in
paragraph G. (Manpower) of Boeing Service Bulletin 747-53A2747,
Revision 2, dated February 22, 2012, by zones and conditions that will
ultimately assist the operators in scheduling each unique condition.
DAL stated that the compliance times in paragraph 1.E., ``Compliance,''
of Boeing Service Bulletin 747-53A2747, Revision 2, dated February 22,
2012, are broken out by Zone 1 and Zone 2, and can occur at different
times depending on each resulting condition.
    We do not agree with the commenter's request. The stated costs in
ADs must address all actions mandated by the AD. The hours described in
paragraph G. (Manpower) of Boeing Service Bulletin 747-53A2747,
Revision 2, dated February 22, 2012, are an estimate of the total hours
to perform the actions. This final rule includes the work-hours
specified in Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2012. These actions are not intended to be broken out to a
task-by-task level. We have not changed this final rule in this regard.

Request To Revise AD 2006-24-02, Amendment 39-14831 (71 FR 67445,
November 22, 2006)

    DAL requested that we support an expedited revision to AD 2006-24-
02, Amendment 39-14831 (71 FR 67445, November 22, 2006), prior to
issuance of this final rule. DAL stated that according to a recent
customer support presentation of Boeing Service Bulletin 747-53A2747,
Revision 2, dated February 22, 2012, Boeing is currently working on a
revision to this service bulletin, which may relax some compliance
times.
    We do not agree with the commenter's request. We have not received
Revision 3 to Boeing Service Bulletin 747-53A2747 to review. We have
determined that this final rule must not be delayed for issuance of a
new revision to Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2012, since we have determined that an unsafe condition
exists and that inspections in this final rule must be conducted to
ensure continued safety. When Revision 3 of Boeing Service Bulletin
747-53A2747 is submitted, we will review and evaluate it as an
alternative method of compliance to this final rule and determine if
additional rulemaking is necessary. We have not changed this final rule
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously except for minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 28767, May 16, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 28767, May 16, 2013).

Costs of Compliance

    We estimate that this AD affects 98 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                  Cost per
            Action                Labor cost     Parts cost       product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspections..................  878 work-hours            $0   $74,630 per      $7,313,740 per inspection cycle.
                                x $85 per hour                 inspection
                                = $74,630 per                  cycle.
                                inspection
                                cycle.
----------------------------------------------------------------------------------------------------------------

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

Regulatory Findings

    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 that this AD:
    (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),
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-24-11 The Boeing Company: Amendment 39-17685; Docket No. FAA-
2013-0420; Directorate Identifier 2011-NM-241-AD.

(a) Effective Date

    This AD is effective January 7, 2014.

(b) Affected ADs

    This AD affects AD 2006-20-02, Amendment 39-14771 (71 FR 56861,
September 28, 2006); AD 2006-24-02, Amendment 39-14831 (71 FR 67445,
November 22, 2006); and AD 2006-24-05, Amendment 39-14834 (71 FR
68434, November 27, 2006).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes; certificated in
any category; as identified in Boeing Service Bulletin 747-53A2747,
Revision 2, dated February 22, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a disbonded doubler and a skin crack in
section 41 of the fuselage, and multiple reports of cracked or
missing fastener heads. We are issuing this AD to prevent rapid
decompression and loss of structural integrity of the airplane due
to such disbonding and subsequent cracking of the skin panels.

(f) Compliance

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

(g) Repetitive Skin Panel, Fastener, and Doubler Inspections

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2747, Revision 2,
dated February 22, 2012, except as required by paragraphs (i)(1) and
(i)(3) of this AD: Do the applicable inspections (including
detailed, high frequency eddy current (HFEC), and low frequency eddy
current (LFEC)) for any cracking of the fuselage skin, for
discrepant fasteners, and for disbonds at the doublers; and do all
applicable related investigative and corrective actions in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-53A2747, Revision 2, dated February 22, 2012, except as
provided by paragraph (i)(2) of this AD. Repeat the applicable
inspections thereafter at intervals not to exceed those specified in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2747, Revision 2, dated February 22, 2012. Do all applicable
related investigative and corrective actions at the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 747-53A2747, Revision 2, dated February 22, 2012. Options
provided in Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2011, for accomplishing the disbond inspection are
acceptable for the corresponding requirements of this paragraph
provided that the inspection is done at the applicable times in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2747, Revision 2, dated February 22, 2011.
    (1) Replacing a skin panel, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2747,
Revision 2, dated February 22, 2012, is an acceptable alternative to
doing the structural repair manual (SRM) skin panel repairs and the
repetitive skin panel inspections specified in tables 1, 2, and 3 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2747, Revision 2, dated February 22, 2012, for only the skin
panel that has been replaced.
    (2) Accomplishment of the terminating repair identified in
tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 747-53A2747, Revision 2, dated February 22, 2012,
terminates the repetitive inspections identified in tables 4 and 5
of paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2747, Revision 2, dated February 22, 2012, for only the area on
which the terminating repair has been done.

(h) Terminating Action

    For airplanes identified in tables 4 and 5 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2747, Revision 2,
dated February 22, 2012: At the applicable compliance time specified
in paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2747, Revision 2, dated February 22, 2012, do the terminating
action for the repair doubler, including doing an open hole HFEC
inspection for skin cracks at the fastener holes common to the
inspection area and an inspection for disbond of the internal
doubler; and as applicable, replacing the existing external repair
doubler with a new extended external repair doubler, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 747-
53A2747, Revision 2, dated February 22, 2012, except as provided by
paragraph (i)(2) of this AD. Accomplishment of the terminating
action identified in tables 4 and 5 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2747, Revision 2,
dated February 22, 2012, terminates the repetitive inspections
identified in tables 4 and 5 of paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 747-53A2747, Revision 2, dated February 22,
2012, for only areas on which the terminating action has been done.

(i) Exceptions to Certain Service Information Instructions

    This paragraph specifies exceptions to certain instructions in
Boeing Service Bulletin 747-53A2747, Revision 2, dated February 22,
2012.
    (1) Where Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2012, specifies a compliance time after the ``original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.
    (2) Where Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2012, specifies to contact Boeing for special repair
instructions, this AD requires using a method approved in accordance
with the procedures specified in paragraph (l) of this AD.
    (3) The Condition column of paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 747-53A2747, Revision 2, dated February 22,
2012, refers to certain

conditions ``as of the original issue date of this service
bulletin.'' This AD, however, applies to the airplanes with the
specified condition as of the effective date of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Service Bulletin
747-53A2747, Revision 1, dated October 12, 2011, which is not
incorporated by reference in this AD.

(k) Terminating Action for Other ADs

    (1) Accomplishing the requirements of this AD terminates the
requirements of paragraphs (f), (g), and (h) of AD 2006-20-02,
Amendment 39-14771 (71 FR 56861, September 28, 2006).
    (2) Accomplishing the requirements of this AD terminates the
requirements of paragraphs (f), (k), and (l) of AD 2006-24-02,
Amendment 39-14831 (71 FR 67445, November 22, 2006).
    (3) Accomplishing the requirements of this AD terminates the
requirements of paragraphs (f) and (i) of AD 2006-24-05, Amendment
39-14834 (71 FR 68434, November 27, 2006).

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference in this AD may be obtained at the
addresses specified in paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 747-53A2747, Revision 2, dated
February 22, 2012.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, WA, on November 15, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-28611 Filed 12-2-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12173-12176]
[FR Doc No: 2011-4905]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63989; File No. SR-EDGX-2011-04]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGX Rules 11.5, 11.9, and 11.15 To Make Certain Changes Consistent
With the Upcoming Implementation of Amendments to Regulation SHO

February 28, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 25, 2011 the EDGX Exchange, Inc. (the ``Exchange'' or
the ``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have

been substantially prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend EDGX Rules 11.5, 11.9, and 11.15 to
make certain changes consistent with the upcoming implementation of
amendments to Regulation SHO.\3\ The text of the proposed rule change
is attached as Exhibit 5 and is available on the Exchange's Web site at
http://www.directedge.com, at the Exchange's principal office, and at
the Public Reference Room of the Commission.
---------------------------------------------------------------------------

    \3\ 17 CFR 242.200(g); 17 CFR 242.201.
---------------------------------------------------------------------------

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 Exchange 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. The self-regulatory organization 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
    On February 26, 2010, the Commission adopted amendments to
Regulation SHO under the Act in the form of Rule 201,\4\ pursuant to
which, among other things, short sale orders in covered securities \5\
generally cannot be executed or displayed by a trading center \6\ such
as EDGX at a price that is at or below the current national best bid
(``NBB'') \7\ when a short sale circuit breaker is in effect for the
covered security (the ``short sale price test restriction'').\8\ In
anticipation of the upcoming February 28, 2011 compliance date for Rule
201, the Exchange is proposing to amend certain EDGX rules to describe
the manner in which the System \9\ will handle short sell orders when a
short sale price test restriction is triggered under Rule 201 of
Regulation SHO. These changes include establishing a definition for
``short sale price sliding,'' which is a new form of price sliding \10\
the Exchange proposes to offer when the amendments to Regulation SHO
become operative, modifying certain EDGX rules regarding order
execution and routing when a short sale price test restriction is in
effect, and modifying EDGX rules related to order marking requirements.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 61595 (February 26,
2010), 75 FR 11232 (March 10, 2010). In connection with the adoption
of Rule 201, Rule 200(g) of Regulation SHO was also amended to
include a ``short exempt'' marking requirement. The amendments to
Rule 201 and Rule 200(g) have a compliance date of February 28,
2011. See Securities Exchange Act Release No. 63247 (November 4,
2010), 75 FR 68702 (November 9, 2010). See also Division of Trading
& Markets: Responses to Frequently Asked Questions Concerning Rule
201 of Regulation SHO.
    \5\ Rule 201(a)(1) defines the term ``covered security'' to mean
any ``NMS stock'' as defined under Rule 600(b)(47) of Regulation
NMS. Rule 600(b)(47) of Regulation NMS defines an ``NMS stock'' as
``any NMS security other than an option.'' Rule 600(b)(46) of
Regulation NMS defines an ``NMS security'' as ``any security or
class of securities for which transaction reports are collected,
processed, and made available pursuant to an effective transaction
reporting plan, or an effective national market system plan for
reporting transactions in listed options.'' 17 CFR 242.201(a)(1); 17
CFR 242.600(b)(46); and 17 CFR 242.600(b)(47).
    \6\ Rule 201(a)(9) states that the term ``trading center'' shall
have the same meaning as in Rule 600(b)(78) of Regulation NMS. Rule
600(b)(78) defines a ``trading center'' as ``a national securities
exchange or national securities association that operates an SRO
trading facility, an alternative trading system, an exchange market
maker, an OTC market maker, or any other broker or dealer that
executes orders internally by trading as principal or crossing
orders as agent.'' 17 CFR 242.600(b)(78).
    \7\ Rules 201(a)(4) defines the term ``national best bid'' to
have the same meaning as in Rule 600(b)(42) of Regulation NMS. 17
CFR 242.600(b)(42).
    \8\ 17 CFR 242.201(b)(1). See also Division of Trading &
Markets: Responses to Frequently Asked Questions Concerning Rule 201
of Regulation SHO, Q&A Nos. 2.1 and 2.2 (concerning the duration of
a short sale price test restriction).
    \9\ The ``System'' is defined in EDGX Rule 1.5(aa) as ``the
electronic communications and trading facility designated by the
Board through which securities orders of Users are consolidated for
ranking, execution and, when applicable, routing away.''
    \10\ The Exchange currently offers a process called ``displayed
price sliding process,'' as defined in current EDGX Rule 11.5(c)(4),
which re-prices and/or displays orders at permissible prices when
such orders would lock or cross Protected Quotations in a manner
inconsistent with Rule 610(d) of Regulation NMS.
---------------------------------------------------------------------------

    The Exchange proposes to offer a new form of price sliding, short
sale price sliding, which will be defined in EDGX Rule 11.5(c)(4). As a
default, the Exchange will subject a User's \11\ EDGX Only Orders to
the short sale price sliding in proposed Rule 11.5(c)(4)(B) unless they
affirmatively choose to opt-out of the process. As proposed, when a
User opts out of the short sale price sliding process, any short sale
order that could not be executed or displayed due to a short sale price
test restriction would be rejected or cancelled by the Exchange upon
entry or while resting on the order book, respectively. When a User's
EDGX Only Order is subject to the short sale price sliding process, as
proposed in Rule 11.5(c)(4)(B), if it cannot be executed or displayed
at the time of entry due to a short sale price test restriction, it
will be re-priced by the System to prevent execution or display at or
below the current NBB to comply with Rule 201(b)(1)(i).\12\ Any EDGX
Only Order subject to such re-pricing by the System will be re-priced
to display at one minimum price variation (``MPV'') above the current
NBB (``Permitted Price''). The order will receive a new timestamp when
it is re-priced. Following the initial adjustment provided for in
proposed Rule 11.5(c)(4)(B), the EDGX Only Order will, to reflect
declines in the NBB, continue to be re-priced at the lowest Permitted
Price down to the order's original limit price, or if a market order,
until the order is filled. The order will receive a new timestamp each
time it is re-priced. Alternatively, following the initial adjustment
provided for in Rule 11.5(c)(4)(B), the EDGX Only Order may, in
accordance with the User's instructions, provided that in all cases the
display of such lower prices does not violate Rule 201 of Regulation
SHO: (i) Be re-priced one additional time to a price that is above the
current NBB but equal to the NBB at the time the EDGX Only Order was
received and receive a new timestamp; or (ii) not be adjusted further.
In the event the NBB changes such that the price of a Non-Displayed
Order, as defined in EDGX Rule 11.5(c)(8), subject to short sale price
sliding would lock or cross the NBB, the Non-Displayed Order will
receive a new timestamp, and will be re-priced by the System to a
Permitted Price, again in compliance with Rule 201(b)(1)(i).\13\
---------------------------------------------------------------------------

    \11\ A ``User'' is defined in EDGX Rule 1.5(cc) as any member or
sponsored participant of the Exchange who is authorized to obtain
access to the System.
    \12\ Any execution or display will also need to be in compliance
with applicable rules regarding minimum pricing increments. 17 CFR
242.612.
    \13\ See Division of Trading & Markets: Responses to Frequently
Asked Questions Concerning Rule 201 of Regulation SHO, Q&A No. 4.1
(concerning un-displayed orders).
---------------------------------------------------------------------------

    As proposed, EDGX Only Orders marked ``short exempt'' will not be
subject to short sale price sliding. Certain displayed short sale
orders will not be re-priced by the System after entry because under
Rule 201(b)(1)(iii)(A) a trading center's policies and procedures must
be reasonably designed to permit the execution of short sale orders of
covered securities that were displayed at a price above the current NBB
at the time of initial display. ``Short exempt'' orders

also will not be re-priced by the System, but instead, the Exchange
will execute, display and/or route such orders without regard to
whether the order is at a price less than or equal to the NBB or any
short sale price test restriction in effect under Regulation SHO, as
described below.
    The Exchange also proposes to amend its Rule 11.9 to make clear
that it will execute, display and route an order consistent with Rule
201 of Regulation SHO, and that if it cannot do so, orders will be
cancelled back to the applicable User. In addition, the Exchange
proposes to make clear that it will not route orders away from the
Exchange that are marked ``short'' if a short sale price test
restriction is in effect for the covered security. Instead, such
orders, if immediate-or-cancel (``IOC'') will be cancelled, and all
other orders will be posted to the EDGX Book,\14\ treated as if they
are EDGX Only Orders, as defined in Rule 11.5(c)(4), and subjected to
the short sale price sliding process.\15\
---------------------------------------------------------------------------

    \14\ As defined in EDGX Rule 1.5(d).
    \15\ Like with an EDGX Only Order, a User can affirmatively
choose to opt-out of the short sale price sliding process.
---------------------------------------------------------------------------

    Finally, current Rule 11.15 requires Users to identify short sale
orders as ``short'' when entered into the System. The Exchange proposes
to add the term ``short exempt'' to Rule 11.15 because pursuant to
amended Rule 200(g) of Regulation SHO, a broker-dealer can mark a short
sale order as either ``short'' or ``short exempt.'' \16\ The Exchange
also proposes to make clear in Rule 11.15 that if an order it received
is marked ``short exempt,'' the Exchange will execute, display and/or
route the order without regard to whether the order is at a price less
than or equal to the NBB or any short sale price test restriction in
effect under Regulation SHO.\17\ The Exchange also proposes to make
clear, as it does in Rule 11.5(d)(1) with respect to intermarket sweep
orders, that it relies on a Member's \18\ marking of an order, in this
case the ``short exempt'' marking, when handling such order.
Accordingly, proposed Rule 11.15 states that it is the entering
Member's responsibility, not the Exchange's responsibility, to comply
with the requirements of Regulation SHO relating to marking of orders
as ``short exempt.'' \19\
---------------------------------------------------------------------------

    \16\ 17 CFR 242.200(g)(2). Under Rule 200(g)(2), an order may be
marked ``short exempt'' if the broker-dealer had a reasonable basis
for believing that the order meets one of the exceptions specified
in Rule 201(d) of Regulation SHO or if it is entered during a Short
Sale Period and meets the conditions specified in Rule 201(c) of
Regulation SHO. See 17 CFR 242.201(d); 17 CFR 242.201(c); See
Division of Trading & Markets: Responses to Frequently Asked
Questions Nos. 4.2, 5.4 and 5.5.
    \17\ 17 CFR 242.201(b)(1)(iii)(B).
    \18\ A Member is defined in EDGX Rule 1.5(l) as any registered
broker or dealer, or any person associated with a registered broker
or dealer, that has been admitted to membership in the Exchange.
    \19\ 17 CFR 242.200(g)(2). See also 17 CFR 242.201(c); 17 CFR
242.201(d). See also Division of Trading and Markets: Responses to
Frequently Asked Questions Concerning Rule 201 of Regulation SHO,
Q&A Nos. 4.2, 5.4, and 5.5.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\20\ In particular,
the proposed change is consistent with Section 6(b)(5) of the Act,\21\
because it would promote just and equitable principles of trade, and,
in general, protect investors and the public interest. The Exchange
believes that the proposed changes will provide clarity on the short
sale order handling procedures employed by the Exchange and certain
obligations of Members when sending short sale orders to the Exchange
consistent with Regulation SHO, as amended. The Exchange also believes
that the proposed short sale price sliding functionality will assist
Users in executing or displaying their orders consistent with
Regulation SHO, especially under fast moving conditions where the
national best bid/offer is quickly updating. In addition, as is
currently the case, the short sale price sliding process is optional to
Users. Specifically, Users can choose to opt-out of the short sale
price sliding process, and if they choose to do so, the Exchange will
cancel back their orders when such orders contradict the provisions of
Regulation SHO.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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 if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \22\ and Rule 19b-
4(f)(6)(iii) thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \24\ normally
does not become operative prior to 30 days after the date of the
filing.\25\ However, pursuant to Rule 19b-4(f)(6)(iii),\26\ the
Commission may designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that it
may implement the change no later than February 28, 2011 to coincide
with the compliance date for the amendments to Rules 200(g) and 201 of
Regulation SHO. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of the investors and
the public interest because such waiver would ensure compliance with
the Commission's amendments to Rules 200(g) and 201 of Regulation SHO.
For this reason, the Commission designates the proposed rule change to
be operative upon filing with the Commission.\27\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.19b-4(f)(6).
    \25\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
    \27\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2011-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGX-2011-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549-1090, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange and on
its Internet Web site at http://www.directedge.com. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGX-2011-04 and should be
submitted by March 25, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-4905 Filed 3-3-11; 8:45 am]
BILLING CODE 8011-01-P