[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Proposed Rules]
[Pages 60573-60575]
[FR Doc No: 2015-25542]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-3338; Airspace Docket No. 15-ASO-7]

Proposed Modification and Establishment of Restricted Areas;
Townsend, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This notice proposes to modify the restricted airspace at the
Townsend Bombing Range, GA, by expanding the lateral limits of R-3007A
to allow construction of additional targets and impact areas. The
modification is needed so that precision guided munitions (PGM) can be
used on the range. The proposed change would be completely contained
within the existing outer boundaries of the R-3007 complex. The using
agency name also is updated.

DATES: Comments must be received on or before November 23, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
3338 and Airspace Docket No. 15-ASO-7, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. Comments on environmental and land use aspects to
should be directed to: Mr. William Drawdy, Natural Resources and
Environmental Affairs Officer, Building 601, Floor 2, Room 216,
Beaufort, SC 29904; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitile VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify restricted airspace at the Townsend
Bombing Range, GA, to permit essential aircrew training in the
employment of PGM at the Range.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2015-3338 and Airspace Docket No. 15-ASO-7) and be submitted in
triplicate to

the Docket Management System (see ADDRESSES section for address and
phone number). You may also submit comments through the Internet at
http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2015-3338 and Airspace Docket No. 15-ASO-7.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Eastern
Service Center, Federal Aviation Administration, 1701 Columbia Ave.,
College Park, GA 30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Background

    The Townsend Bombing Range, located in Long and McIntosh Counties,
GA, has been used for air-to-ground ordnance delivery dating back to
the 1940's. Currently, the Range consists of four restricted areas: R-
3007A, B, C and D. The Range is owned by Marine Corps Air Station
(MCAS) Beaufort, SC, and is operated by the Georgia Air National
Guard's Combat Readiness Training Center in Savannah, GA.
    Although the Range impact area (i.e., R-3007A) has been large
enough to accommodate fighter aircraft dropping unguided munitions, it
is too small to contain the larger weapon danger zone required for
PGMs. The weapon danger zone is the area within which a weapon could
impact the ground if a malfunction occurred. Although very accurate,
PGMs actually require larger impact areas because they are released to
their target from greater distances and altitudes than other types of
ordnance. If a PGM experienced guidance or a mechanical system
malfunction, its potential impact area is much larger than that
required for ordnance that is released from lower altitudes and closer
to the target. Consequently, the Range cannot currently be used to
train aircrews to employ PGMs. To permit PGM training, the impact area
must be expanded to ensure that any errant bomb would safely land
within the Range impact area.
    The U.S. Marine Corps is acquiring 28,630 acres of real estate to
make the Range viable for this essential aircrew training. Purchase of
that land would allow a larger section of the existing restricted
airspace to be lowered from the current 100 feet above ground level
(AGL) floor, down to ground level to permit construction of the
additional targets and expanded impact area needed for PGMs.

Range Configuration

    Restricted area R-3007A is the primary weapons impact area. It is a
circular area with a 1.5-nautical mile (NM) radius that extends from
the ground up to but not including 13,000 feet mean sea level (MSL). R-
3007B is a narrow area to the southeast of R-3007A. It extends from
1,200 feet AGL up to but not including 13,000 feet MSL. R-3007C is the
largest part of the complex. It surrounds R-3007A and is bounded on the
west by the Altamaha River, and by lines roughly 9 NM north of R-3007A
and 7 NM northeast of R-3007A, and by R-3007B to the southeast of R-
3007A. R-3007C extends from 100 feet AGL up to but not including 13,000
feet MSL. R-3007D overlies subareas A, B and C and extends from 13,000
feet MSL to Flight Level (FL) 250.
    The land acquisition parcel underlies roughly the eastern half of
R-3007C. The airspace over this parcel would be incorporated into R-
3007A thereby allowing the floor of the airspace in that area to be
lowered from 100 feet AGL down to ground level. This proposed expansion
of R-3007A would leave a small, isolated piece of restricted airspace
(along the boundary of R-3007B and formerly a part of R-3007C) with a
floor of 100 feet AGL. This small area would be redesignated as R-3007E
and would extend from 100 feet AGL up to but not including 13,000 feet
MSL.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to expand
restricted area R-3007A to include the part of R-3007C that overlies a
land parcel being acquired by the U.S. Marine Corps. The floor of R-
3007C is 100 feet AGL. By adding the airspace over this land parcel
into R-3007A, the restricted area floor in that area could be lowered
from 100 feet AGL down to ground level. This change is proposed to
provide additional ground level restricted airspace needed for the
construction of targets and impact areas so that PGMs can safely be
employed at the Range. The small slice of restricted airspace with a
100-foot AGL floor that remains to the east of the expanded R-3007A
would be redesignated as R-3007E extending from 100 feet AGL up to but
not including 13,000 feet MSL.
    Minor corrections would be made to several boundary coordinates for
R-3007B and R-3007D to match the current National Hydrology Dataset for
the Altamaha River boundary where that river forms the boundary of the
restricted areas. The name of the using agency for all subareas would
be updated to reflect the current organizational title.
    A color chart of the proposed areas will be posted on the
www.regulations.gov Web site.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current. It
therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subjected to an environmental analysis in
accordance

with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited Areas, Restricted Areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.30  (Amended)

0
2. Sec.  73.30 is amended as follows:
* * * * *

R-3007A Townsend, GA [Amended]

    By removing the current boundaries and using agency and inserting
the following:
    Boundaries. Beginning at lat. 31[deg]41'52'' N., long.
81[deg]35'53'' W.; to lat. 31[deg]42'31'' N., long. 81[deg]33'59'' W.;
to lat. 31[deg]39'24'' N., long. 81[deg]30'31'' W.; to lat.
31[deg]37'49'' N., long. 81[deg]30'56'' W.; to lat. 31[deg]36'35'' N.,
long. 81[deg]31'15'' W.; to lat. 31[deg]34'17'' N., long.
81[deg]31'56'' W.; to lat. 31[deg]33'07'' N., long. 81[deg]32'41'' W.;
thence counterclockwise along a 1-NM radius arc from a point centered
at lat. 31[deg]32'26'' N., long. 81[deg]31'49'' W.; to lat.
31[deg]32'37'' N., long. 81[deg]32'58'' W.; to lat. 31[deg]30'59'' N.,
long. 81[deg]33'57'' W.; to lat. 31[deg]30'45'' N., long.
81[deg]34'19'' W.; to lat. 31[deg]30'29'' N., long. 81[deg]34'41'' W,;
to lat. 31[deg]30'38'' N., long. 81[deg]35'06'' W.; to lat.
31[deg]31'13'' N., long. 81[deg]35'02'' W.; to lat. 31[deg]31'35'' N.,
long. 91[deg]36'32'' W.; to lat. 31[deg]33'04'' N., long.
81[deg]37'27'' W.; to lat. 31[deg]33'30'' N., long. 81[deg]36'32'' W.;
to lat. 31[deg]34'25'' N., long. 81[deg]36'13'' W.; to lat.
31[deg]35'32'' N., long. 81[deg]35'59'' W,; to lat. 31[deg]35'55'' N.,
long. 81[deg]35'19'' W.; to lat. 31[deg]36'38'' N., long.
81[deg]35'18'' W.; to lat. 31[deg]36'43'' N., long. 81[deg]35'41'' W.;
to lat. 31[deg]37'20'' N., long. 81[deg]35'37'' W.; to lat.
31[deg]37'23'' N., long. 81[deg]35'47'' W.; to lat. 31[deg]40'29'' N.,
long. 81[deg]36'13'' W.; to lat. 31[deg]40'48'' N., long.
81[deg]35'33'' W.; to the point of beginning.
    Using agency. ANG, Savannah Combat Readiness Training Center
(CRTC), Office of Townsend Bombing Range, GA.

R-3007B Townsend, GA [Amended]

    By removing the current boundaries and using agency and inserting
the following:
    Boundaries. Beginning at lat. 31[deg]38'01'' N., long.
81[deg]28'59'' W.; to lat. 31[deg]37'31'' N., long. 81[deg]28'14'' W.;
to lat. 31[deg]32'31'' N., long. 81[deg]27'29'' W.; to lat.
31[deg]26'16'' N., long. 81[deg]31'29'' W.; to lat. 31[deg]25'26'' N.,
long. 81[deg]36'05'' W.; to lat. 31[deg]27'26'' N., long.
81[deg]33'39'' W.; to lat. 31[deg]31'26'' N., long. 81[deg]31'58'' W.;
thence clockwise along a 1-NM radius arc from a point centered at lat.
31[deg]32'26'' N., long. 81[deg]31'49'' W.; to lat. 31[deg]33'18'' N.,
long. 81[deg]31'13'' W.; to the point of beginning.
    Using agency. ANG, Savannah Combat Readiness Training Center
(CRTC), Office of Townsend Bombing Range, GA.

R-3007C Townsend, GA [Amended]

    By removing the current boundaries and using agency and inserting
the following:
    Boundaries. Beginning at lat. 31[deg]37'54'' N., long.
81[deg]47'21'' W.; to lat. 31[deg]41'52'' N., long. 81[deg]35'53'' W.;
to lat. 31[deg]40'48'' N., long. 81[deg]35'33'' W,; to lat.
31[deg]40'29'' N., long. 81[deg]36'13'' W.; to lat. 31[deg]37'23'' N.,
long. 81[deg]35'47'' W.; to lat. 31[deg]37'20'' N., long.
81[deg]35'37'' W.; to lat. 31[deg]36'43'' N., long. 81[deg]35'41'' W.;
to lat. 31[deg]36'38'' N., long. 81[deg]35'18'' W.; to lat.
31[deg]35'55'' N., long. 81[deg]35'19'' W.; to lat. 31[deg]35'32'' N.,
long. 81[deg]35'59'' W.; to lat. 31[deg]34'25'' N., long.
81[deg]36'13'' W.; to lat. 31[deg]33'30'' N., long. 81[deg]36'32'' W.;
to lat. 31[deg]33'04'' N., long. 81[deg]37'27'' W.; to lat.
31[deg]31'35'' N., long. 81[deg]36'32'' W.; to lat. 31[deg]31'13'' N.,
long. 81[deg]35'02'' W.; to lat. 31[deg]30'38'' N., long.
81[deg]35'06'' W.; to lat. 31[deg]30'29'' N., long. 81[deg]34'41'' W.;
to lat. 31[deg]30'45'' N., long. 81[deg]34'19'' W.; to lat.
31[deg]30'59'' N., long. 81[deg]33'57'' W.; to lat. 31[deg]32'37'' N.,
long. 81[deg]32'58'' W.; thence counterclockwise along a 1-NM radius
arc from a point centered at lat. 31[deg]32'26'' N., long.
81[deg]31'49'' W.; to lat. 31[deg]31'26'' N., long. 81[deg]31'58'' W.;
to lat. 31[deg]27'26'' N., long. 81[deg]33'39'' W.; to lat.
31[deg]25'26'' N., long. 81[deg]36'05'' W.; thence west along the
Altamaha River to the point of beginning.
    Using agency. ANG, Savannah Combat Readiness Training Center
(CRTC), Office of Townsend Bombing Range, GA.

R-3007D Townsend, GA [Amended]

    By removing the current boundaries and using agency and inserting
the following:
    Boundaries. Beginning at lat. 31[deg]37'54'' N., long.
81[deg]47'21'' W.; to lat. 31[deg]41'52'' N., long. 81[deg]35'53'' W.;
to lat. 31[deg]42'31'' N., long. 81[deg]33'59'' W.; to lat.
31[deg]39'24'' N., long. 81[deg]30'31'' W.; to lat. 31[deg]38'01'' N.,
long. 81[deg]28'59'' W.; to lat. 31[deg]37'31'' N., long.
81[deg]28'14'' W.; to lat. 31[deg]32'31'' N., long. 81[deg]27'29'' W.;
to lat. 31[deg]26'16'' N., long. 81[deg]31'29'' W.; to lat.
31[deg]25'26'' N., long. 81[deg]36'05'' W.; thence northwest along the
Altamaha River to the point of beginning.
    Using agency. ANG, Savannah Combat Readiness Training Center
(CRTC), Office of Townsend Bombing Range, GA.

R-3007E Townsend, GA [New]

    Boundaries. Beginning at lat. 31[deg]39'24'' N., long.
81[deg]30'31'W.; to lat. 31[deg]38'01'' N., long. 81[deg]28'59'' W.; to
lat. 31[deg]33'18'' N., long. 81[deg]31'13'' W.; thence
counterclockwise along a 1-NM radius arc from a point centered at lat.
31[deg]32'26'' N., long. 81[deg]31'49'' W.; to lat. 31[deg]33'07'' N.,
long. 81[deg]32'41'' W.; to lat. 31[deg]34'17'' N., long.
81[deg]31'56'' W.; to lat. 31[deg]36'35'' N., long. 81[deg]31'15'' W.;
to lat. 31[deg]37'49'' N.; long. 81[deg]30'56'' W.; to the point of
beginning.
    Designated altitudes. 100 feet AGL to but not including 13,000 feet
MSL.
    Time of designation. 0700-2200 local time, Monday-Friday; other
times by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Jacksonville ARTCC.
    Using agency. ANG, Savannah Combat Readiness Training Center
(CRTC), Office of Townsend Bombing Range, GA.

    Issued in Washington, DC, on October 1, 2015.
Kenneth Ready,
Acting Manager, Airspace Policy Group.
[FR Doc. 2015-25542 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Rules and Regulations]
[Pages 13316-13320]
[FR Doc No: 2023-04338]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0995]
RIN 1625-AA00

Safety Zones in Reentry Sites; Panama City, Pensacola, and
Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones
for the safe splashdown and recovery of reentry vehicles launched by
Space Exploration Technologies Corporation (SpaceX) in support of
National Aeronautics and Space Administration (NASA) missions. The
temporary safety zones are located within the Coast Guard Sector Mobile
area of responsibility (AOR) offshore of Panama City, Pensacola, and
Tallahassee, Florida. This rule prohibits U.S.-flagged vessels from
entering any of the temporary safety zones unless authorized by the
Commanding Officer of Coast Guard Sector Mobile or a designated
representative. Foreign-flagged vessels are encouraged to remain
outside the safety zones. This action is necessary to protect vessels
and waterway users from the potential hazards created by reentry
vehicle splashdowns and recovery operations in the U.S. Exclusive
Economic Zone (EEZ). It is also necessary to ensure the safe recovery
of reentry vehicles, and any personnel involved in reentry services,
after the splashdown. We received no public comments.

DATES: This rule is effective from March 3, 2023 through February 4,
2024.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0995 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Sector Mobile Waterways Division (dpw), U.S. Coast
Guard; telephone:<PHONE_NUMBER>,<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FR Federal Register
NASA National Aeronautics and Space Administration
NM Nautical Mile
NOE Notice of Enforcement
NPRM Notice of Proposed Rulemaking
Sec.  Section
SMIB Safety Marine Information Bulletin
SpaceX Space Exploration Technologies Corporation
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a two-year pilot program to establish
and implement a process to establish safety zones to address special
activities in the U.S. Exclusive Economic Zone (EEZ).\1\ These special
activities include space activities \2\ carried out by United States
(U.S.) citizens. Terms used to describe space activities, including
launch, reentry site, and reentry vehicle, are defined in 51 U.S.C.
50902, and in this document.
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    \1\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
    \2\ Space Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
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    The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch operations.\3\ In conducting
this activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). This engagement is necessary to ensure statutory and
regulatory obligations are met to ensure the safety of launch
operations and waterway users.
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    \3\ The term launch is defined in 51 U.S.C. 50902.
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    During this engagement, the Coast Guard was informed of space
reentry vehicles and recovery operations in the U.S. EEZ. Section 50902
of 51 U.S.C. defines ``reentry vehicle'' as a vehicle designed to
return from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from Earth orbit or outer space to Earth,
substantially intact. SpaceX, a U.S. company, has identified three
reentry sites \4\ within the U.S. EEZ of the Coast Guard District Eight
area of responsibility (AOR) expected to be used for the splashdown \5\
and recovery of reentry vehicles. All of these sites are located in the
Gulf of Mexico off the coast of Florida (FL).
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    \4\ Reentry site means the location on Earth to which a reentry
vehicle is intended to return (as defined in a license the FAA
Administrator issues or transfers under this chapter).
    \5\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
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    On May 4, 2022, we published a temporary final rule in the Federal
Register (87 FR 26273) for two anticipated reentry vehicle recovery
missions within the Coast Guard District Eight AOR offshore of Panama
City, Pensacola, and Tallahassee, FL from April 17, 2022 through May
15, 2022. Based on the date the Coast Guard was informed of the
reentry, and the immediate need to establish the safety zone, the Coast
Guard did not have sufficient time to publish a notice of proposed
rulemaking (NPRM) for that rule. The Coast Guard additionally published
recovery mission temporary final rules for the periods from August 22,
2022 through September 30, 2022 (87 FR 51253) and October 12, 2022
through November 10, 2022 (87 FR 61508).
    On January 11, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Safety Zones in
Reentry Sites; Panama City, Pensacola, and Tallahassee, Florida.'' (88
FR 1528) In the NPRM, we stated the purpose of the rulemaking was to
create three temporary safety zones off the coast of FL that would
ensure the protection of vessels and waterway users in the U.S.
Exclusive Economic Zone (EEZ) \6\ from the potential hazards created by
reentry vehicle splashdowns \7\ and recovery operations, and the safe
recovery of reentry vehicles and personnel involved in reentry
services.\8\ The NPRM invited comments on the proposed rule. During the
comment period that ended February 10, 20223, we received one comment.
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    \6\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
    \7\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
    \8\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
---------------------------------------------------------------------------

    With this temporary final rule, the Coast Guard is ensuring the
three temporary safety zones created by this TFR are in place for the
safe reentry vehicle splashdown and recovery of reentry vehicles
missions launched by SpaceX in support of NASA missions, and privately
chartered missions during the remaining period of the pilot program,
which ends on February 4, 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under section 8343 of the
Authorization Act. The Sector Commander Sector Mobile has determined
there are potential hazards in the U.S. EEZ created by reentry vehicle
splashdowns and recovery operations, and the safe recovery of reentry
vehicles and personnel involved in reentry services. The purpose of
this rule is to ensure safety of vessels, reentry vehicles, personnel
involved in reentry services and the navigable waters in the safety
zone, whenever a splashdown occurs.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because delaying the effective date
of the rule would be impracticable and contrary to the public interest.
This rule is needed to ensure there are safety zones in place for
upcoming recovery operations. Delaying the enforcement of this rule to
allow a 30-day effective period would inhibit the Coast Guard's ability
to fulfill its mission to ensure the protection of vessels and waterway
users in the U.S. EEZ from the potential hazards created by reentry
vehicle splashdowns and recovery operations, and the safe recovery of
reentry vehicles and personnel involved in reentry services.

IV. Discussion of Comments and the Rule

    As noted above, we received one comment on the NPRM that was
published on January 10, 2023. The commenter stated that a notice to
the public of space recovery operations in the Federal Register alone,
in their opinion, was insufficient. We concur with this opinion and
that is why the Coast Guard has three different means of

disseminating this information as prescribed in this rule.
    The temporary safety zones are located within the Coast Guard
Sector Mobile AOR offshore of Panama City, Pensacola, and Tallahassee,
FL in the Gulf of Mexico. The temporary final rule prohibits U.S.-
flagged vessels from entering any of the safety zones unless authorized
by the Sector Commander of Coast Guard Sector Mobile or a designated
representative. Because the safety zones are within the U.S. EEZ, only
U.S.-flagged vessels would be subject to enforcement. However, all
foreign-flagged vessels are encouraged to remain outside the safety
zones.
    The three temporary safety zones are located off the coast of FL in
the Gulf of Mexico in the following areas: (1) Approximately 30 NM
southwest from Pensacola; (2) 26 NM southwest from Panama City; and 40
NM south of Tallahassee. All three safety zones have an approximate
area of 100 square miles and are in the shape of a square.
    The coordinates for the safety zones are based on the furthest
north, east, south, and west points of splashdown for the reentry
vehicles and are determined from data and modeling by SpaceX and NASA.
The coordinates take into account the trajectories of the reentry
vehicles coming out of orbit, the potential risk to the public, and the
proximity to medical facilities that meet NASA requirements. The
specific coordinates for the three temporary safety zones are presented
in the regulatory text at the end of this document.
    To the extent feasible, the Sector Commander or a designated
representative will inform the public of the activation of the three
temporary safety zones by Notice of Enforcement (NOE) published in the
Federal Register at least two days before the reentry vehicle
splashdown. The NOE would identify the approximate date(s) during which
a reentry vehicle splashdown and recovery operations would occur.
    To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the Sector Commander or designated
representative will inform the public that only one of the three safety
zones would remain activated (subject to enforcement) until announced
by Broadcast Notice to Mariners (BNM) on VHF-FM channel 16, and/or
Safety Marine Information Broadcast (SMIB) (as appropriate) that the
safety zone is no longer subject to enforcement. The specific temporary
safety zone to be enforced would be based on varying mission and
environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.
    The SMIB will include the geographic coordinates of the activated
safety zone, pertinent dates and times of enforcement, and information
related to potential hazards with a reentry vehicle splashdown and
recovery operations associated with space activities, including marine
environmental and public health hazards from hydrazine and other
potential oil or hazardous substances.
    When the safety zone is activated, the Sector Commander or a
designated representative will be able to restrict U.S.-flagged vessel
movement including but not limited to transiting, anchoring, or mooring
within the safety zone to protect vessels from hazards associated with
space activities. The activated safety zone will ensure the protection
of vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations. This includes
protection during the recovery of a reentry vehicle, and the protection
of personnel involved in reentry services and space support vessels.\9\
---------------------------------------------------------------------------

    \9\ Space Support Vessel means any vessel engaged in the support
of space activities. These vessels are typically approximately 170
feet in length, have a forward wheelhouse, and are equipped with a
helicopter pad and lifting crane.
---------------------------------------------------------------------------

    After a reentry vehicle splashdown, the Sector Commander or a
designated representative would grant general permission to come no
closer than 3 NM within the activated safety zone from any reentry
vehicle or space support vessel engaged in the recovery operations. The
recovery operations are expected to last approximately one hour. That
should allow for sufficient time to let any potential toxic materials
clear the reentry vehicle, recovery of the reentry vehicle by the space
support vessel and address any potential medical evacuations for any
personnel involved in reentry services that were onboard the reentry
vehicle.
    Once a reentry vehicle and any personnel involved in reentry
services are removed from the water and secured onboard a space support
vessel, the Sector Commander or designated representative would issue a
BNM on VHF-FM channel 16 announcing the activated safety zone is no
longer subject to enforcement. A photograph of a reentry vehicle and
space support vessel expected to use the reentry sites are available in
the docket.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic would be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Gulf of Mexico. The
proposed rule involves the establishment of three temporary safety
zones which would be activated two days before a reentry vehicle
splashdown and recovery operations. Twenty-four hours before a reentry
vehicle splashdown, one of the three temporary safety zones would
remain active. After a reentry vehicle splashdown, general permission
would be granted to come no closer than 3 NM within the activated
safety zone. There is a danger associated with fumes from the reentry
vehicle after it has splashed down. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone would
no longer be subject to enforcement. The activated safety zone would
ensure the protection of vessels and waterway users from the potential
hazards created by a reentry vehicle splashdown and recovery operations
and the recovery of a reentry vehicle, personnel involved in reentry
services, and space support vessel.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions

with populations of less than 50,000. The Coast Guard received 0
comments from the Small Business Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    The safety zone activation and thus restriction to the public is
expected to be approximately two hours per capsule recovery, and we
anticipate one splash down during the effective period of this rule.
Vessels would be able to transit around the activated safety zone
location during this recovery. We do not anticipate any significant
economic impact resulting from activation of the safety zones.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishing of three temporary safety zones, which would be activated
two days before a reentry vehicle splashdown and recovery operations.
Twenty-four hours before a reentry vehicle splashdown, one of the three
temporary safety zones would remain activated. If one of the safety
zones remains activated, the safety zone will be enforced for
approximately four hours prior to a reentry vehicle splashdown and
remain activated until announced by BNM on VHF-FM channel 16, and/or
SMIB (as appropriate) that the safety zone is no longer subject to
enforcement. After a reentry vehicle splashdown, general permission
would be granted to come no closer than 3 NM within the activated
safety zone. Once a reentry vehicle and any personnel involved in
reentry services are removed from the water and secured onboard a space
support vessel, the activated safety zone would no longer be subject to
enforcement. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; section 8343 of Pub.
L. 116-283, 134 Stat. 3388, 4710; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.

0
2. Add Sec.  165.T08-1000 to read as follows:

Sec.  165.T08-1000  Safety Zones; Panama City, Pensacola, and
Tallahassee, Florida.

    (a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
    (1) Pensacola site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

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

------------------------------------------------------------------------
Point 1........................  29[deg]53'02'' N     -087[deg]35'46'' W
Point 2........................  29[deg]53'02'' N     -087[deg]24'14'' W
Point 3........................  29[deg]42'58'' N     -087[deg]24'14'' W
Point 4........................  29[deg]42'58'' N     -087[deg]35'46'' W
------------------------------------------------------------------------

    (2) Panama City site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point

4, connecting back to Point 1:

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

------------------------------------------------------------------------
Point 1........................  29[deg]47'46'' N     -086[deg]16'44'' W
Point 2........................  29[deg]47'46'' N     -086[deg]05'20'' W
Point 3........................  29[deg]37'48'' N     -086[deg]05'20'' W
Point 4........................  29[deg]37'48'' N     -086[deg]16'44'' W
------------------------------------------------------------------------

    (3) Tallahassee site. All waters from surface to bottom encompassed
within the following coordinates connecting a line from Point 1, thence
to Point 2, thence to Point 3, and thence to point 4, connecting back
to Point 1:

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

------------------------------------------------------------------------
Point 1........................  29[deg]21'47'' N     -084[deg]17'46'' W
Point 2........................  29[deg]21'47'' N     -084[deg]06'18'' W
Point 3........................  29[deg]11'46'' N     -084[deg]06'18'' W
Point 4........................  29[deg]11'46'' N     -084[deg]17'46'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Captain of the Port
Sector Mobile; Coast Guard Patrol Commanders including Coast Guard
coxswains, petty officers and other officers operating a Coast Guard
vessel; Coast Guard Representatives in the Merrill Operations Center;
and other officers designated by the Captain of the Port Sector Mobile
or assisting the Captain of the Port Sector Mobile in the enforcement
of the safety zones.
    Reentry services means
    (1) Activities involved in the preparation of a reentry vehicle and
payload, crew (including crew training), government astronaut, or space
flight participant, if any, for reentry; and
    (2) The conduct of a reentry.
    Reentry vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
    Space support vessel means any vessel engaged in the support of
space activities. These vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are equipped with a helicopter
pad and lifting crane.
    Splashdown means the landing of a reentry vehicle into a body of
water.
    (c) Regulations. (1) Because the safety zones described in
paragraph (a) of this section are within the U.S. Exclusive Economic
Zone, only U.S. flagged vessels are subject to enforcement. All
foreign-flagged vessels are encouraged to remain outside the safety
zones.
    (2) In accordance with the general regulations in 33 CFR part 165,
subpart C, no U.S. flagged vessel may enter the safety zones described
in paragraph (a) of this section unless authorized by the Captain of
the Port Sector Mobile or a designated representative, except as
provided in paragraph (d)(3).
    (d) Enforcement periods. (1) To the extent possible, at least two
days before a reentry vehicle splashdown, the Captain of the Port
Sector Mobile or designated representative will inform the public of
the activation of the three safety zones described in paragraph (a) of
this section by Broadcast Notice to Mariners on VHF-FM channel 16, and/
or Safety Marine Information Broadcast (as appropriate) for at least
two days before the splashdown.
    (2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the Captain of the Port Sector Mobile or designated
representative will inform the public that only one of the three safety
zones described in paragraph (a) will remain activated until announced
by Broadcast Notice to Mariners on VHF-FM channel 16, and/or Safety
Marine Information Broadcast (as appropriate) that the safety zone is
no longer subject to enforcement.
    (3) After a reentry vehicle splashdown, the Captain of the Port
Sector Mobile or a designated representative will grant general
permission to come no closer than three nautical miles of any reentry
vehicle or space support vessel engaged in the recovery operations,
within the activated safety zone described in paragraph (a) of this
section.
    (4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the Captain of the Port Sector Mobile or designated
representative will issue a Broadcast Notice to Mariners on VHF-FM
channel 16 announcing the activated safety zone is no longer subject to
enforcement.

    Dated: February 24, 2023.
Ulysses S. Mullins,
Captain, U.S. Coast Guard, Commander, Coast Guard Sector Mobile.
[FR Doc. 2023-04338 Filed 3-2-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 46097-46098]
[FR Doc No: 2015-18721]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Delayed Applications

AGENCY: Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration (PHMSA), DOT.

ACTION: List of application delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant
    2. Extensive public comment under review
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis
    4. Staff review delayed by other priority issues or volume of
special permit applications

Meaning of Application Number Suffixes

N--New application
M--Modification request
R--Renewal Request
P--Party To Exemption Request

    Issued in Washington, DC, on July 20, 2015.
Ryan Paquet,
Director, Approvals and Permits Division.

----------------------------------------------------------------------------------------------------------------
                                                                                Reason for    Estimated date
            Application No.                             Applicant                      delay       of completion
----------------------------------------------------------------------------------------------------------------
                                         MODIFICATION TO SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
15744-M................................  Praxair Distribution, Danbury, CT......               4      07-25-2015
14779-M................................  Corrosion Companies Inc., Washougal, WA               4      08-31-2015
10232-M................................  ITW Sexton, Decatur, AL................               4      08-31-2015
15071-M................................  Orbital Sciences Corporation, Dulles,                 4      07-30-2015
                                          VA.
----------------------------------------------------------------------------------------------------------------
                                         NEW SPECIAL PERMIT APPLICATIONS
----------------------------------------------------------------------------------------------------------------
15767-N................................  Union Pacific Railroad Company, Omaha,                1      07-20-2015
                                          NE.
16001-N................................  VELTEK ASSOCIATES, INC., Malvern, PA...               4      07-30-2015
16190-N................................  Digital Wave Corporation, Centennial,                 4      07-29-2015
                                          CO.
16198-N................................  Fleischmann's Vinegar Company, Inc.,                  4      07-15-2015
                                          Cerritos, CA.
16212-N................................  Entegris, Inc., Billerica, MA..........               4      07-30-2015
16220-N................................  Americase, Waxahache, TX...............               4      07-30-2015
16249-N................................  Optimized Energy Solutions, LLC,                      4      07-30-2015
                                          Durango, CO.
16320-N................................  Digital Wave Corporation, Centennial,                 4      07-29-2015
                                          CO.
16346-N................................  FIBA Technologies, Inc., Littleton, MA.               4      07-15-2015
16337-N................................  Volkswagen Group of America (VWGoA),                  4      07-30-2015
                                          Herndon, VA.
16318-N................................  Technical Chemical Company, Cleburne,                 4      07-17-2015
                                          TX.
16484-N................................  Rotarex North America, Mount Pleasant,                4      07-15-2015
                                          PA.
----------------------------------------------------------------------------------------------------------------
                                      PARTY TO SPECIAL PERMITS APPLICATION
----------------------------------------------------------------------------------------------------------------
16279-P................................  National Hazard Control, Tempe, AZ.....               4      07-30-2015
12726-P................................  Aviation Technical Services, Everett,                 4      07-31-2015
                                          WA.
12412-P................................  TerraChem Inc., Fellows, CA............               4      07-31-2015
----------------------------------------------------------------------------------------------------------------
                                       RENEWAL SPECIAL PERMITS APPICATIONS
----------------------------------------------------------------------------------------------------------------
11860-R................................  GATX Corporation, Chicago, IL..........               1      07-15-2015
13976-R................................  Osmose Utilities Services, Inc.,                      4      06-30-2015
                                          Tyrone, GA.
12412-R................................  Interstate Chemical Company, Inc.,                    4      07-31-2015
                                          Hermitage, PA.
11296-R................................  Environmental Waste Services, Inc.,                   4      07-30-2015
                                          Elburn, IL.
8009-R.................................  NK Co., Ltd., Busan City, KR...........               4      07-30-2015
11900-R................................  Osmose Utilities Services Inc., Tyrone,               4      07-15-2015
                                          GA.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-18721 Filed 7-31-15; 8:45 am]
BILLING CODE 4910-60-M


[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Notices]
[Page 68135-68136]
[DOCID:fr04de07-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-3113-001]

McClendon, Stan; Notice of Filing

November 27, 2007.
    Take notice that on November 20, 2007, pursuant to section 305(b)
of the Federal Power Act, 16 U.S.C. 825d(b) (2006), part 45 of the
Commission's Rules of Practice and Procedure, 18 CFR part 45 (2006),
and Order No. 664, Commission Authorization to Hold Interlocking
Positions, 112 FERC ] 61,298 (2005); order on reh'g, 114 FERC ] 61,142
(2006), Stan McClendon filed an application for authorization to hold
interlocking directorate positions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or

protests must be filed on or before the comment date. Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 20, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-23453 Filed 12-3-07; 8:45 am]

BILLING CODE 6717-01-P


United States Environmental Protection Agency

Human Studies Review Board (HSRB)

Public Meeting – October 24-26, 2007

Arlington, VA

List of Public Commenters and Docket Items

Wednesday, October 24, 2007

EPA Draft Document “Scientific and Ethical Approaches for Observational Exposure Studies” – Public Comments

There were no public comments on this topic.

Sodium Azide – Public Comments

Dr. Judith Hauswirth, on behalf of American Pacific Corporation

	Toxicologist

	Keller and Heckman LLP

	1001 G Street, NW, Suite 500 West

	Washington, DC  20001

	Telephone:<PHONE_NUMBER>

	E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> 	Materials: Dr. Hauswirth presented PowerPoint slides; no materials were distributed to the Board members onsite at the meeting (see attached file).

Mr. Douglas Richards, on behalf of American Pacific Corporation

Manager Technical Corporation

	American Pacific Corporation

3770 Howard Hughes Parkway, Suite 300

	Las Vegas, NV  89109

	Telephone:<PHONE_NUMBER>

E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Materials: Mr. Richards did not present a PowerPoint presentation; no materials were distributed to the Board members onsite at the meeting.

Sodium Azide – Additional Docket Items

Mr. KyungMann Kim

HSRB Member

Materials: Dr. Kim prepared and presented supplemental graphs; no materials were distributed to the Board members onsite at the meeting (see attached file).

Thursday, October 25, 2007

Science Issues in Mosquito Repellent Efficacy Field Research – Public Comments

Dr. Thomas Osimitz, on behalf of Science Strategies

	President

	Science Strategies

600 East Water Street, Suite C

	Charlottesville, VA  22902

	Telephone:<PHONE_NUMBER> x444

	E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

	Materials: Dr. Osimitz presented PowerPoint slides; materials were distributed to the Board members onsite at the meeting (see attached file).

Dr. M. Keith Kennedy, on behalf of Science Strategies

Senior Consultant

	Science Strategies

600 East Water Street, Suite C

	Charlottesville, VA  22902

	Telephone:<PHONE_NUMBER>

	E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Materials: Dr. Kennedy presented with Dr. Osimitz, and presented with the same PowerPoint slides.

Dr. Scott Carroll, on behalf of Carroll-Loye Biological Research

Consultant

Carroll-Loye Biological Research

711 Oak Avenue

Davis, CA  95616

Telephone:<PHONE_NUMBER>

E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Materials: Dr. Carroll did not present a PowerPoint presentation; no materials were distributed to the Board members onsite at the meeting.

Completed Field Efficacy Studies by Carroll-Loye Biological Research: SCI-001 and WPC-001

Dr. Scott Carroll, on behalf of Carroll-Loye Biological Research

Consultant

Carroll-Loye Biological Research

711 Oak Avenue

Davis, CA  95616

Telephone:<PHONE_NUMBER>

E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Materials: Dr. Carroll presented PowerPoint slides; materials were distributed to the Board members onsite at the meeting (see attached file).

Carroll-Loye Biological Research: SPC-001

There were no public comments on this topic.

Carroll-Loye Biological Research: SPC-002

There were no public comments on this topic.

Friday, October 26, 2007

ICR Repellency Efficacy Protocol A117

Mr. Niketas Spero, on behalf of ICR

Associate Director of Operations

ICR

1330 Dillon Heights Avenue

Baltimore, MD  21228-1199

Telephone:<PHONE_NUMBER>

E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Materials: Mr. Spero did not present a PowerPoint presentation; no materials were distributed to the Board members onsite at the meeting.

Dr. Robin Todd, on behalf of ICR

Director/Contract Lab

ICR

1330 Dillon Heights Avenue

Baltimore, MD  21228-1199

Telephone:<PHONE_NUMBER>

E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Materials: Dr. Todd presented with Mr. Spero and did not present a PowerPoint presentation; no materials were distributed to the Board members onsite at the meeting.

Update of AEATF and AHETF Research Programs

There were no public comments on this topic.

 PAGE

 PAGE   1


[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13707-13709]
[FR Doc No: 2013-04650]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0008]

The Benzene Standard; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Benzene Standard
(29 CFR 1910.1028).

DATES: Comments must be submitted (postmarked, sent, or received) by
April 29, 2013.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0008,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2013-0008) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the

docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The information collection requirements specified in the Benzene
Standard protect workers from the adverse health effects that may
result from occupational exposure to benzene. The major information
collection requirements in the Standard include conducting worker
exposure monitoring, notifying workers of the benzene exposure,
implementing a written compliance program, implementing medical
surveillance for workers, providing examining physicians with specific
information, ensuring that workers receive a copy of their medical
surveillance records, and providing access to these records by OSHA,
the National Institute for Occupational Safety and Health, the worker
who is the subject of the records, the worker's representative, and
other designated parties.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting that it retain its current burden hour
estimate of 126,183. The Agency will summarize the comments submitted
in response to this notice and will include this summary in the request
to OMB to extend the approval of the information collection
requirements contained in the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: Benzene Standard (29 CFR 1910.1028).
    OMB Control Number: 1218-0129.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 13,498.
    Total Responses: 267,385.
    Frequency: On occasion.
    Average Time per Response: Varies from 5 minutes (.08 hour) for
employers to maintain records to 4 hours for workers to receive
referral medical exams.
    Estimated Total Burden Hours: 126,183.
    Estimated Cost (Operation and Maintenance): $11,210,150.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2013-0008). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>). Comments
and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov Web site to submit comments and access
the docket is available at the Web site's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
through the Web site, and for assistance in using the Internet to
locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on February 22, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-04650 Filed 2-27-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: June 9, 2009 (Volume 74, Number 109)]
[Notices]
[Page 27361-27364]
[DOCID:fr09jn09-148]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60022; File No. SR-FINRA-2009-031]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change Relating to
the Reporting of Over-the-Counter Transactions in Equity Securities
Executed Outside Normal Market Hours

June 1, 2009.
    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 May 8, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. On May 29,
2009, FINRA 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.
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    \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

    FINRA is proposing to amend FINRA trade reporting rules relating to
over-the-counter transactions in equity securities executed outside
normal market hours to (1) require that any

trades executed during the hours that a FINRA Facility (the Alternative
Display Facility (``ADF''), a Trade Reporting Facility (``TRF'') or the
OTC Reporting Facility (``ORF'')) is closed be reported within 15
minutes of the opening of the Facility, i.e., 8:15 a.m. Eastern Time;
and (2) conform the trade reporting requirements applicable to
``outside normal market hours'' transactions across FINRA Facilities.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    FINRA rules prescribe special requirements applicable to the
reporting of trades executed outside normal market hours (i.e., trades
executed outside the hours of 9:30 a.m. to 4 p.m. Eastern Time), and
the rules distinguish between such trades that are executed during the
hours a FINRA Facility is open and trades that are executed during the
hours the facility is closed.\3\ Specifically, trades that are executed
outside normal market hours and during the hours that the FINRA
Facility to which the member is reporting is open must be reported
within 90 seconds of execution.\4\ Thus, for example, a trade executed
at 9 a.m. or a trade executed at 5 p.m. must be reported within 90
seconds. Trades that are executed outside normal market hours and
during the hours that the FINRA Facility is closed are not subject to
90-second reporting, since the facility is not open to facilitate the
reporting of the trade. Rather, such trades are reported as follows:
(1) trades executed between midnight and 8 a.m. must be reported on
trade date; and (2) trades executed between the close of the facility
(i.e., either 6:30 p.m. or 8 p.m.) and midnight must be reported on an
``as/of'' basis the following business day.\5\ ``Outside normal market
hours'' trades are designated with a unique trade report modifier, as
specified by FINRA.
---------------------------------------------------------------------------

    \3\ The TRFs and ORF are open between 8 a.m. and 8 p.m. Eastern
Time and the ADF is open between 8 a.m. and 6:30 p.m. Eastern Time.
    \4\ See Rules 6282(a)(2)(A); 6380A(a)(2)(A) and (B);
6380B(a)(2)(A) and (B); and 6622(a)(3)(A) and (B).
    \5\ See Rules 6282(a)(2)(B); 6380A(a)(2)(C) and (D);
6380B(a)(2)(C) and (D); and 6622(a)(3)(C).
---------------------------------------------------------------------------

Proposed Amendments To Require Reporting Within 15 Minutes of Opening
of Facility
    FINRA is proposing to amend the trade reporting rules \6\ to
require that trades executed during the hours that the FINRA Facility
is closed be reported within 15 minutes of the opening of the facility
(i.e., 8:15 a.m. Eastern Time for all FINRA Facilities). Specifically,
members would be required to report as follows: (1) trades executed
between midnight and 8 a.m. must be reported by 8:15 a.m. on trade
date, and (2) trades executed between the close of the FINRA Facility
(i.e., either 6:30 p.m. or 8 p.m.) and midnight must be reported on an
``as/of'' basis the following business day by 8:15 a.m. These trades
would be designated with the unique trade report modifier to denote
their execution outside normal market hours. Any such trades not
reported by 8:15 a.m. would be marked with the ``outside normal market
hours trade reported late'' modifier.
---------------------------------------------------------------------------

    \6\ See Rules 6282(a)(2)(B); 6380A(a)(2)(C) and (D);
6380B(a)(2)(C) and (D); and 6622(a)(3)(C).
---------------------------------------------------------------------------

    FINRA believes that the proposed rule change will enhance market
transparency by ensuring that these ``outside normal market hours''
trades are reported and disseminated closer to the actual execution
time rather than reported at some later time during the trading day. As
a result, market participants will have better information about the
time of execution for such trades. For example, under current rules, a
trade with the ``outside normal market hours'' modifier that is
reported and disseminated at 9:20 a.m. could have been executed and
reported real-time at 9:20 a.m., or it could have been executed at some
point between midnight and the opening of the FINRA Facility at 8 a.m.
There is currently nothing to distinguish a trade executed and reported
at 9:20 a.m. from a trade executed between midnight and 8 a.m. and
reported at 9:20 a.m. Under the proposed rule change, a trade executed
between midnight and 8 a.m. that is reported at 9:20 a.m. would be
marked late, thus distinguishing it from a trade executed and reported
real-time at 9:20 a.m.
Proposed Conforming Amendments
    FINRA also is proposing certain amendments to conform the
requirements for reporting ``outside normal market hours'' trades
across FINRA Facilities. First, under current rules and system
functionality, members are not permitted to submit to the FINRA/Nasdaq
TRF and ORF a trade report with the ``outside normal market hours''
modifier during normal market hours. For example, if a member executes
a trade at 9:29:00 a.m. and reports the trade at 9:30:15 a.m. (in
compliance with the 90-second reporting requirement under FINRA rules),
the FINRA/Nasdaq TRF and ORF will reject the trade report; the trade
cannot be reported, and will not be disseminated, until after 4 p.m. By
contrast, the ADF and FINRA/NYSE TRF permit the submission of trade
reports with the ``outside normal market hours'' modifier throughout
the day. Thus, the trade described in the example above can be reported
to the ADF or FINRA/NYSE TRF and disseminated at 9:30:15 a.m.
    Accordingly, FINRA is proposing to amend Rules 6380A(a)(2)(A) and
(a)(2)(C) relating to the FINRA/Nasdaq TRF and Rules 6622(a)(3)(A) and
(a)(3)(C)(i) relating to the ORF to delete the requirement that
``outside normal market hours'' transactions that are not reported by
9:30 a.m. be reported after 4 p.m. This will enhance market
transparency by eliminating systematically imposed delays in the
reporting of ``outside normal market hours'' trades to the FINRA/Nasdaq
TRF and ORF. The proposed amendments are identical to the text of
current Rules 6282(a)(2)(A) and (a)(2)(B)(i) relating to the ADF.
    Additionally, FINRA is proposing conforming changes to Rules
6380B(a)(2)(A) and (C) relating to the FINRA/NYSE TRF. Today, members
submit trade reports with the ``outside normal market hours'' modifier
to the FINRA/NYSE TRF throughout the day. However, when the rules for
this TRF were originally adopted, these provisions inadvertently were
based on the rules relating to the FINRA/Nasdaq TRF, rather than the
ADF. Thus, the proposed amendments for the FINRA/NYSE TRF do not
represent a departure from current member reporting practices and
systems functionality.
    In this regard, FINRA also is proposing to amend Rules
6380A(a)(2)(D), 6380B(a)(2)(D) and 6622(a)(3)(C)(ii) to require
expressly that ``as/of'' reports submitted pursuant to

these provisions include the unique trade report modifier, as specified
by FINRA, to denote their execution outside normal market hours. The
proposed amendments conform to the text of current Rule
6282(a)(2)(C)(ii).
    Second, FINRA is proposing to amend Rules 6282(a), 6380A(a),
6380B(a) and 6622(a) to consolidate the provisions relating to late
trade reporting and make clear the requirement that trades that are
required to be reported on trade date, but are not reported on trade
date, must be reported on an ``as/of'' basis on a subsequent date (T+N)
and shall be designated as late. This requirement applies to trades
executed during normal market hours, as well as those ``outside normal
market hours'' trades that are required by rule to be reported on trade
date (i.e., trades executed between midnight and 9:30 a.m. and between
4 p.m. and the close of the Facility at either 6:30 or 8 p.m.). The
proposed amendments also would make clear the requirement that
``outside normal market hours'' trades that are required to be reported
on an ``as/of'' basis the following business day (T+1), but are not
reported T+1, must be reported on a subsequent date (T+N) and shall be
designated as late.\7\ Accordingly, FINRA is proposing to amend Rules
6380A(a)(2)(B), 6380B(a)(2)(B) and 6622(a)(3)(B) to delete the
duplicative requirement that transactions not reported by 8:00 p.m. on
trade date must be reported on an ``as/of'' basis the following
business day (T+1).
---------------------------------------------------------------------------

    \7\ FINRA is proposing to amend paragraph (a)(1) and adopt new
paragraph (a)(6) of Rule 6282 to conform to Rules 6380A(a)(4),
6380B(a)(4) and 6622(a)(5).
---------------------------------------------------------------------------

    Third, FINRA is proposing certain technical, non-material changes
to conform the text of the rules relating to the reporting of trades
executed outside normal market hours across FINRA Facilities. For
example, FINRA is proposing to amend Rule 6282(a)(2) relating to the
ADF and Rule 6622(a)(3) relating to the ORF to delete the specific
references to the ``.T'' trade report modifier. This conforms to the
trade reporting rules relating to the TRFs, as well as the other
provisions of the ADF trade reporting rules, which do not refer to
specific trade report modifier labels.\8\ Additionally, FINRA is
proposing to renumber the subparagraphs in Rule 6282(a)(2) relating to
the ADF and Rule 6622(a)(3) relating to the ORF to conform to the
numbering of the subparagraphs in Rules 6380A(a)(2) and 6380B(a)(2)
relating to the TRFs.
---------------------------------------------------------------------------

    \8\ See, e.g., Rules 6282(a)(4), 6380A(a)(2) and (5) and
6380B(a)(2) and (5).
---------------------------------------------------------------------------

    FINRA believes that by conforming the reporting requirements and
systems functionality with respect to ``outside normal market hours''
trades across FINRA Facilities, the proposed rule change will promote
more consistent trade reporting by members and a more complete and
accurate audit trail.\9\
---------------------------------------------------------------------------

    \9\ The Commission notes that in connection with these changes
to the trade reporting rules FINRA is also moving language from Rule
6282(a)(1) to Rule 6282(a)(6) concerning patterns or practices of
late trade reporting. Rule 6282(a)(1) currently states that ``[a]
pattern or practice of late trade reporting without exceptional
circumstances shall be considered conduct inconsistent with high
standards of commercial honor and just equitable principles of trade
violation of Rule 2010.'' The change FINRA is proposing would
replace the word ``shall'' with ``may,'' and applies the lower
standard not only to a pattern or practice of late trade reporting
outside of normal market hours, but to a pattern or practice of late
trade reporting during normal market hours. Rule 6282 concerns
transactions reported only to TRACS, and FINRA has told Commission
staff that the change is to make the rule consistent with the FINRA/
NASDAQ, FINRA/NYSE, and OTC Trade Reporting Facilities, all of which
currently have the identical language to proposed Rule 6282(a)(6).
See telephone call between Stephanie Dumont, Senior Vice President
and Director of Capital Markets Policy, FINRA, and Kathy England,
Assistant Director, Commission, May 29, 2009. The Commission notes
that it has routinely upheld appeals from FINRA disciplinary actions
when FINRA has charged respondents with violations of Rule 2010
(Standards of Commercial Honor and Principles of Trade) based solely
on an underlying violation of another SRO rule. See e.g., Stephen J.
Gluckman, 54 S.E.C. 175, 185 (1999), Exchange Act Release No. 41628
(July 20, 1999).
---------------------------------------------------------------------------

    FINRA will announce the effective date of the proposed rule change
in a Regulatory Notice. The effective date will be no earlier than 120
days and no later than 180 days from the date of Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
enhance market transparency and promote more consistent trade reporting
by members and a more complete and accurate audit trail.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    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, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-031 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-FINRA-2009-031. 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 FINRA. 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-FINRA-2009-031 and should be
submitted on or before June 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13395 Filed 6-8-09; 8:45 am]

BILLING CODE 8010-01-P