[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28787-28789]
[FR Doc No: 2018-13210]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0463]
RIN 1625-AA00

Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Beaufort River in Beaufort, SC. The safety zone is
needed to ensure safety of life on navigable waters of the United
States during the Beaufort Water Festival Air Show. This proposed
regulation will prohibit persons and vessels from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the Captain of the Port Charleston (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0463 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On April 27, 2018, the Coast Guard received a marine event
application for the 2018 Beaufort Water Festival Air Show that will
take place from 12 p.m. until 5 p.m. on July 21, 2018. The safety zone
is necessary to ensure the safety of life on the navigable waters of
the United States during the Beaufort Water Festival Air Show. The COTP
has determined that potential hazards associated with the airshow would
be a safety concern for anyone within the regulated area.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the regulated area before, during, and
after the scheduled event. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 12 p.m. until 5
p.m. on July 21, 2018. The safety zone would encompass a portion of the
waterway that is 700 feet wide by 2600 feet in length on the waters of
the Beaufort River in Beaufort, SC. No vessel or person would be
permitted to enter, transit through, anchor in, or remain within the
safety zone without obtaining permission from the COTP or a designated
representative. The Coast Guard would provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives. The regulatory text we are proposing
appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will only be enforced for 5 hours, vessel traffic will be able to
safely operate in the surrounding area during the enforcement period,
and the rule will allow vessels to seek permission to enter the zone.
Moreover, the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners via VHF-FM marine channel 16.

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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    We have considered the impact of this proposed rule on small
entities. This rule may affect the following entities, some of which
may be small entities: the owner or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
during the enforcement period. For the reasons stated in section IV.A.
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a safety
zone lasting 5 hours that would prohibit entry on certain waters of the
Beaufort River in Beaufort, SC. Normally such actions are categorically
excluded from further review under paragraph L 60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 proposes
to amend 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5;

Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0463 to read as follows:

Sec.  165.T07  --0463 Safety Zone; Beaufort Water Festival Air Show,
Beaufort, SC

    (a) Location. This rule establishes a safety zone on certain waters
of the Beaufort River, Beaufort, SC. The rule creates a regulated area
that will encompass a portion of the waterway that is 700 feet wide by
2600 feet in length on waters of the Beaufort River encompassed within
the following points: 32[deg]25'47'' N/080[deg]40'44'' W,
32[deg]25'41'' N/080[deg]40'14'' W, 32[deg]25'35'' N/080[deg]40'16'' W,
32[deg]25'40'' N/080[deg]40'46'' W. All coordinates are North American
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP by
telephone at<PHONE_NUMBER>, or a designated representative via VHF radio
on channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the COTP or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 21, 2018
from 12 p.m. until 5 p.m.

    Dated: June 13, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-13210 Filed 6-20-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Proposed Rules]
[Pages 89-90]
[FR Doc No: E9-31168]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1256; Directorate Identifier 2009-CE-064-AD]
RIN 2120-AA64

Airworthiness Directives; SOCATA Model TBM 700 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

    It has been discovered that the foam inside the towing bar box
is not conformed to the certification specification, and especially
the flame resistance properties.
    In case of fire, in the front baggage compartment, the non
conformed foam could rapidly propagate the flames and/or emit toxic
fumes in the cabin.

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

DATES: We must receive comments on this proposed AD by February 18,
2010.

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

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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1256;
Directorate Identifier 2009-CE-064-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2009-0238-E, dated October 30, 2009 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    It has been discovered that the foam inside the towing bar box
is not conformed to the certification specification, and especially
the flame resistance properties.
    In case of fire, in the front baggage compartment, the non
conformed foam could rapidly propagate the flames and/or emit toxic
fumes in the cabin.
    For the reason stated above the Airworthiness Directive (AD), as
a temporary measure, mandates the removal of the foam, pending a
foam change.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    SOCATA has issued Mandatory Service Bulletin SB 70-179, dated
October 2009. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ

substantively from the information provided in the MCAI and related
service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 164 products of U.S.
registry. We also estimate that it would take about 0.5 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $6,560, or $40 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

SOCATA: Docket No. FAA-2009-1256; Directorate Identifier 2009-CE-
064-AD.

Comments Due Date

    (a) We must receive comments by February 18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to model TBM 700 airplanes, serial numbers
(S/N) 331 through 9999, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 9: Towing
and Taxing.

Reason

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

    It has been discovered that the foam inside the towing bar box
is not conformed to the certification specification, and especially
the flame resistance properties.
    In case of fire, in the front baggage compartment, the non
conformed foam could rapidly propagate the flames and/or emit toxic
fumes in the cabin.
    For the reason stated above the Airworthiness Directive (AD), as
a temporary measure, mandates the removal of the foam, pending a
foam change.

Actions and Compliance

    (f) Unless already done, within the next 20 hours time-in-
service after the effective date of this AD or within the next 30
days after the effective date of this AD, whichever occurs first,
remove the foam from the towing bar stowage box following SOCATA
Mandatory Service Bulletin SB 70-179, dated October 2009.

    Note 1: Airplanes delivered after October 13, 2009, may have had
SOCATA SB 70-179, dated October 2009, incorporated at the factory
(S/N 510 and S/N 529 through 9999).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2009-0238-E, dated October 30, 2009; and SOCATA Mandatory Service
Bulletin SB 70-179, dated October 2009, for related information.

    Issued in Kansas City, Missouri, on December 28, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-31168 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Notices]
[Page 5261-5262]
[DOCID:fr29ja08-115]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0009; Notice 1]

Bridgestone Firestone North American Tire, LLC, Receipt of
Petition for Decision of Inconsequential Noncompliance

    Bridgestone Firestone North American Tire, LLC (BFNT) has
determined that certain tires that it manufactured in September and
October of 2007, did not fully comply with paragraph S5.5.1(a) of 49
CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139 New
Pneumatic Radial Tires for Light Vehicles. For the passenger car and
light truck tires it regulates, FMVSS No. 139 requires mandatory
compliance for new tires manufactured on or after September 1, 2007.
BFNT has filed an appropriate report pursuant to 49 CFR Part 573,
Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), BFNT has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of BFNT's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 3,963 Bridgestone brand P235160R17,
DUELER H/T 684 II tires, produced in the Aiken Plant during the DOT
weeks of 38, 39, 40, 41, and 42 in 2007. Paragraph S5.5.1(a) of 49 CFR
571.139 requires that for regulated radial passenger car and light
truck tires manufactured on or after September 1, 2007, but before
September 1, 2009, they be permanently labeled with the tire
identification number required by 49 CFR part 574 on a sidewall of the
tire. Except for retreaded tires, either the tire identification number
or a partial tire identification number containing all characters in
the tire identification number, except for the dated code and, at the
discretion of the manufacturer, any optional code, must be labeled on
the other sidewall of the tire.
    BFNT explains that 3,963 P235160R17 size Bridgestone Dueler AIT 684
11 tires, produced at its Aiken plant (DOT serial code is 7XOUBD43807
through 7XOUBD44207) were mismarked as explained below. 1,862 of these
tires are currently under BFNT's control and 2,101 remain in the
replacement market in the U.S.
    BFNT describes the mismarking by stating that the affected tires
are marked with a complete Tire Identification Number (TIN) on one
sidewall and no TIN or partial TIN on the opposite sidewall. Therefore,
the noncompliance is a sidewall mismarking as follows:
    Actual stamping is BLANK. (on one sidewall).
    Correct stamping should be: 7XOUBD4 (on that sidewall).
    BFNT states that it believes that the noncompliance described
herein is inconsequential as it relates to Motor Vehicle Safety. The
subject tires were not marked with the partial TIN on one sidewall as
required. BFNT believes that this noncompliance is unlikely to have an
adverse impact on motor vehicle safety since the actual performance of
the subject tires will not be affected by the mismarking.
    BFNT makes the argument that the noncompliant tires meet or exceed
all performance requirements of FMVSS No. 139, and will have no impact
on the operational performance or safety of vehicles on which these
tires are mounted.
    BFNT further states that the Tire Identification Number (TIN)
becomes important in the event of a safety campaign so that the
consumer may properly identify the recalled tire(s). The subject tires
are marked in the same manner that was the requirement for many years
until the FMVSS 139 markings which required additional TIN information
on the opposite sidewall became effective. For this mislabeling, any
safety campaign communication, if necessary, could include in the
listing of recalled TINs, direction to the consumer to read both
sidewalls of each tire on the vehicle for the TINs or partial TINs so
that the consumer would know that these mislabeled tires are included
in any future recall.
    In view of the information and facts presented, BFNT submits that
the mismarking of the subject tires should be deemed inconsequential as
it relates to Motor Vehicle Safety and requests that it be granted an
exemption from the notification and remedy requirements of the Safety
Act.
    NHTSA notes that due to the statutory provisions (49 U.S.C.
30118(d) and 30120(h)) that permit manufacturers to file petitions for
a determination of inconsequentiality allow NHTSA to exempt
manufacturers only from the duties found in sections 30118 and 30120,
respectively, to notify owners, purchasers, and dealers of a defect or
noncompliance and to remedy the defect or noncompliance. Therefore,
these provisions apply to only the 2,101 tires that have already passed
from the manufacturer to an owner, purchaser, or dealer. Subsequent to
receipt of the subject petition, BFNT informed NHTSA that they have
remedied the mismarking on the 1,862 tires still under their control
bringing those tires into compliance with FMVSS No. 139.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open

on weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the

online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. Please note that we are allowing just
10 days for comment in order to expedite resolution of this matter. All
comments and supporting materials received after the closing date will
also be filed and will be considered to the extent possible. When the
petition is granted or denied, notice of the decision will be published
in the Federal Register pursuant to the authority indicated below.
    Comment closing date: February 8, 2008.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).

    Issued on: January 23, 2008.
Claude H. Harris
Director, Office of Vehicle, Safety Compliance.
 [FR Doc. E8-1543 Filed 1-28-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12360-12362]
[FR Doc No: 2020-04184]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88282; File No. SR-NASDAQ-2020-010]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend General 9, Section 1, Titled General Standards

February 25, 2020.
    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 February 19, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend General 9, Section 1, titled
``General Standards.''
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at

the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange recently relocated Nasdaq rules, including The Nasdaq
Options Market LLC (``NOM'') rules, into a new Rulebook shell.\3\ In
relocating the Nasdaq Rulebook, IM-2110-3 titled, ``Front Running
Policy'' was inadvertently deleted and not relocated. IM-2110-3
provided, ``Nasdaq members and persons associated with a member shall
comply with NASD Interpretive Material 2110-3 as if such Rule were part
of Nasdaq's rules.''
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    \3\ See Securities Exchange Act Release No. 87778 (December 17,
2019), 84 FR 70590 (December 23, 2019) (SR-NASDAQ-2019-098).
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    This rule should have been relocated to General 9, Section 1(c),
similar to the manner in which an identical rule was relocated into the
Nasdaq BX, Inc. (``BX'') Rulebook.\4\ At this time, the Exchange
proposes to relocate this rule into General 9, Section 1(c) similar to
BX. The Exchange is not amending IM-2110-3 in any way. The Exchange is
correcting its rules by adding IM-2110-3 back into the Nasdaq Rulebook
into the same location as an identical rule is located within the BX
Rules. The Exchange also proposes to re-letter the current rule to
accommodate the addition of this rule.\5\
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    \4\ See Securities Exchange Act Release No. 87468 (November 5,
2019), 84 FR 61091 (November 12, 2019) (SR-BX-2019-039).
    \5\ The Exchange will also separately file another rule change
to amend other NASD Rule references to the FINRA Rulebook.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade and to protect investors and the
public interest by correcting its rules by adding IM-2110-3 back into
the Nasdaq Rulebook. The deletion of this rule was inadvertent. The
Exchange did not intend to remove this rule which addresses the
Exchange's front running policy. The Exchange's proposal is consistent
with the Act and will protect investors and the public interest by
adding back a front running policy into its Rules that was
inadvertently deleted. The front running policy is applicable to all
members. The Exchange is not amending IM-2110-3 in any way. The
Exchange is correcting its rules by adding IM-2110-3 back into the
Nasdaq Rulebook into the same location as an identical rule is located
within the BX Rules.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that
restoring IM-2110-3 in the Nasdaq Rules does not impose an undue burden
on competition because the rule previously existed and is simply being
relocated into the new Rulebook as originally intended.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the Exchange may immediately add an inadvertently deleted rule
back into the Exchange rulebook and ensure continued compliance of the
rule by Exchange members. The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and
the public interest. Accordingly, the Commission waives the 30-day
operative delay and designates the proposed rule change as operative
upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2020-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2020-010. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2020-010 and should be submitted
on or before March 23, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.

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    \13\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2020-04184 Filed 2-28-20; 8:45 am]
 BILLING CODE 8011-01-P