[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49900-49903]
[FR Doc No: 2017-23367]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32865; 812-14795]

Blackstone/GSO Floating Rate Enhanced Income Fund, et al.

October 23, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION:  Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c)(3)
of the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.

Summary of Application:  Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares and to impose asset-based distribution and
shareholder service fees and early withdrawal charges.

Applicants:  Blackstone/GSO Floating Rate Enhanced Income Fund
(``BGFREI''), GSO/Blackstone Debt Funds Management LLC (the
``Adviser''), and Blackstone Advisory Partners L.P. (the
``Distributor'').

Filing Dates:  The application was filed on July 3, 2017 and amended on
October 17, 2017.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on November 17, 2017, and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants: 345 Park Avenue,
31st Floor, New York, NY 10154.

FOR FURTHER INFORMATION CONTACT:  Asen Parachkevov, Senior Counsel, or
David Marcinkus, Branch Chief, at<PHONE_NUMBER> (Division of
Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. BGFREI is a Delaware statutory trust that is registered under
the Act as a continuously offered, non-diversified, closed-end
management investment company that will be operated as an interval
fund. BGFREI's investment objective is to provide attractive income
with low sensitivity to rising interest rates.
    2. The Adviser is a Delaware limited liability company and is
registered as an investment adviser under the Investment Advisers Act
of 1940. The Adviser serves as investment adviser to BGFREI.
    3. The applicants seek an order to permit the Funds (as defined
below) to issue multiple classes of shares, each having its own fee and
expense structure and to impose repurchase fees, early withdrawal
charges, and asset-based distribution and shareholder service fees with
respect to certain classes.
    4. Applicants request that the order also apply to any
continuously-offered registered closed-end management investment
company that has been previously organized or that may be organized in
the future for which the Adviser or any entity controlling, controlled
by, or under common control with the Adviser, or any successor in
interest to any such entity,\1\ acts as investment adviser and which
operates as an interval fund pursuant to rule 23c-3 under the Act and/
or provides periodic liquidity with respect to its shares pursuant to
rule 13e-4 under the Securities Exchange Act of 1934 (``Exchange Act'')
(each, a ``Future Fund'' and together with BGFREI, the ``Funds'').\2\
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ Any Fund relying on this relief in the future will do so in
a manner consistent with the terms and conditions of the
application. Applicants represent that each entity presently
intending to rely on the requested relief is listed as an applicant.
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    5. BGFREI intends to engage in a continuous offering of its shares
of beneficial interest. Applicants state that additional offerings by
any Fund relying on the order may be on a private placement or public
offering basis. Shares of the Funds will not be listed on any
securities exchange nor publicly traded. There is currently no
secondary market for the Funds' shares and the Funds expect that no
secondary market will develop.
    6. If the requested relief is granted, BGFREI will offer Class T,
Class D and Class I shares, with each class having its own fee and
expense structure, and may also offer additional classes of shares in
the future. Because of the different distribution and/or shareholder
services fees, services and any other class expenses that may be
attributable to each of BGFREI's Class T, Class D and Class I shares,
the net income attributable to, and the dividends payable on, each
class of shares may differ from each other.
    7. Applicants state that, from time to time, the Funds may create
additional classes of shares, the terms of which may differ from Class
T, Class D and Class I shares in the following respects: (i) The amount
of fees permitted by different distribution plans or different
shareholder services fee arrangements; (ii) voting rights with respect
to a distribution and/or shareholder services plan of a class; (iii)
different class designations; (iv) the impact of any class expenses
directly attributable to a particular class of shares allocated on a
class basis as described in the application; (v) any differences in
dividends and net asset value resulting from differences in fees under
a distribution and/or shareholder services plan or in class expenses;
(vi) any early withdrawal charge or other sales load structure; and
(vii) exchange or conversion privileges of the classes as permitted
under the Act.
    8. Applicants state that BGFREI is also seeking exemptive relief
from the Commission to permit it to adopt a fundamental policy to
repurchase 5% of its shares at net asset value on a monthly basis.\3\
If such relief is not granted, BGFREI intends to adopt a fundamental
policy to conduct repurchase offers on a quarterly basis. Such
repurchase offers will be conducted pursuant to rule 23c-3 under the
Act. Each of the other Funds will likewise adopt fundamental investment
policies in compliance with rule 23c-3 and make repurchase offers to
its shareholders at periodic intervals and/or provide periodic
liquidity with respect to its shares pursuant to rule 13e-4 under the
Exchange Act.\4\ Any repurchase offers made by the Funds will be made
to all holders of shares of each Fund.
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    \3\ See In the Matter of Blackstone/GSO Floating Rate Enhanced
Income Fund, et al., File Number 812-14796.
    \4\ Applicants submit that rule 23c-3 and Regulation M under the
Exchange Act permit an interval fund to make repurchase offers to
repurchase its shares while engaging in a continuous offering of its
shares pursuant to Rule 415 under the Securities Act of 1933, as
amended.
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    9. Applicants represent that any asset-based shareholder services
and

distribution fees for each class of shares will comply with the
provisions of FINRA Rule 2341(d) (``FINRA Sales Charge Rule'').\5\
Applicants also represent that each Fund will disclose in its
prospectus the fees, expenses and other characteristics of each class
of shares offered for sale by the prospectus, as is required for open-
end multiple class funds under Form N-1A.\6\ As is required for open-
end funds, each Fund will disclose its expenses in shareholder reports,
and describe any arrangements that result in breakpoints in or
elimination of sales loads in its prospectus.\7\ In addition,
applicants will comply with applicable enhanced fee disclosure
requirements for fund of funds, including registered funds of hedge
funds.\8\
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    \5\ All references in the application to the FINRA Sales Charge
Rule include any Financial Industry Regulatory Authority successor
or replacement rule to the FINRA Sales Charge Rule.
    \6\ In all respects other than class-by-class disclosure, each
Fund will comply with the requirements of Form N-2.
    \7\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \8\ Fund of Funds Investments, Investment Company Act Rel. Nos.
26198 (Oct. 1, 2003) (proposing release) and 27399 (Jun. 20, 2006)
(adopting release). See also Rules 12d1-1, et seq. of the Act.
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    10. Each of the Funds will comply with any requirements that the
Commission or FINRA may adopt regarding disclosure at the point of sale
and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements, as if those requirements applied to the Fund. In
addition, each Fund will contractually require that any distributor of
the Fund's shares comply with such requirements in connection with the
distribution of such Fund's shares.
    11. Each Fund will allocate all expenses incurred by it among the
various classes of shares based on the net assets of the Fund
attributable to each class, except that the net asset value and
expenses of each class will reflect distribution fees, shareholder
service fees, and any other incremental expenses of that class.
Expenses of the Fund allocated to a particular class of shares will be
borne on a pro rata basis by each outstanding share of that class.
Applicants state that each Fund will comply with the provisions of rule
18f-3 under the Act as if it were an open-end investment company.
    12. Applicants state that each Fund may impose an early withdrawal
charge on shares submitted for repurchase that have been held less than
a specified period and may waive the early withdrawal charge for
certain categories of shareholders or transactions to be established
from time to time. Applicants state that each of the Funds will apply
the early withdrawal charge (and any waivers or scheduled variations of
the early withdrawal charge) uniformly to all shareholders in a given
class and consistently with the requirements of rule 22d-1 under the
Act as if the Funds were open-end investment companies.
    13. Applicants state that BGFREI will (and any Future Fund, as
applicable, may) charge a repurchase fee of up to 2% on the common
shares accepted for repurchase (including those that have been held by
the investor for less than one year), in addition to any early
withdrawal charge. Shares of any Future Fund, to the extent such Future
Fund does not comply with the requirements of rule 23c-3 under the Act,
will be subject to a repurchase fee at a rate no greater than 2% of a
shareholder's repurchase proceeds if the date as of which the shares
are to be valued for purposes of repurchase is less than one year
following the investor's initial investment in such Future Fund.
Repurchase fees will equally apply to new class shares and to all
classes of shares of BGFREI (and any Future Fund, as applicable),
consistent with section 18 of the Act and rule 18f-3 thereunder. To the
extent BGFREI (and any Future Fund, as applicable) determines to waive,
impose scheduled variations of, or eliminate a repurchase fee, it will
do so consistently with the requirements of rule 22d-1 under the Act
and as if such fund were an open-end investment company and such Fund's
waiver of, scheduled variation in, or elimination of, the repurchase
fee will apply uniformly to all shareholders of such fund regardless of
class.
    14. Each Fund operating as an interval fund pursuant to rule 23c-3
under the Act may offer its shareholders an exchange feature under
which the shareholders of the Fund may, in connection with the Fund's
periodic repurchase offers, exchange their shares of the Fund for
shares of the same class of (i) registered open-end investment
companies or (ii) other registered closed-end investment companies that
comply with rule 23c-3 under the Act and continuously offer their
shares at net asset value, that are in the Fund's group of investment
companies (collectively, ``Other Funds''). Shares of a Fund operating
pursuant to rule 23c-3 that are exchanged for shares of Other Funds
will be included as part of the amount of the repurchase offer amount
for such Fund as specified in rule 23c-3 under the Act. Any exchange
option will comply with rule 11a-3 under the Act, as if the Fund were
an open-end investment company subject to rule 11a-3. In complying with
rule 11a-3, each Fund will treat an early withdrawal charge as if it
were a contingent deferred sales load.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act provides that a closed-end
investment company may not issue or sell a senior security that is a
stock unless certain requirements are met. Applicants state that the
creation of multiple classes of shares of the Funds may violate section
18(a)(2) because the Funds may not meet such requirements with respect
to a class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of shares of the Funds may be prohibited by section
18(c), as a class may have priority over another class as to payment of
dividends because shareholders of different classes would pay different
fees and expenses.
    3. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that multiple classes of shares of the Funds
may violate section 18(i) of the Act because each class would be
entitled to exclusive voting rights with respect to matters solely
related to that class.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule or regulation under the Act, if and to the extent such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Applicants request an exemption under
section 6(c)

from sections 18(a)(2), 18(c) and 18(i) to permit the Funds to issue
multiple classes of shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of its shares and provide
investors with a broader choice of shareholder services. Applicants
assert that the proposed closed-end investment company multiple class
structure does not raise the concerns underlying section 18 of the Act
to any greater degree than open-end investment companies' multiple
class structures that are permitted by rule 18f-3 under the Act.
Applicants state that each Fund will comply with the provisions of rule
18f-3 as if it were an open-end investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered closed-end investment company shall purchase securities of
which it is the issuer, except: (a) On a securities exchange or other
open market; (b) pursuant to tenders, after reasonable opportunity to
submit tenders given to all holders of securities of the class to be
purchased; or (c) under other circumstances as the Commission may
permit by rules and regulations or orders for the protection of
investors.
    2. Rule 23c-3 under the Act permits a registered closed-end
investment company (an ``interval fund'') to make repurchase offers of
between five and twenty-five percent of its outstanding shares at net
asset value at periodic intervals pursuant to a fundamental policy of
the interval fund. Rule 23c-3(b)(1) under the Act permits an interval
fund to deduct from repurchase proceeds only a repurchase fee, not to
exceed two percent of the proceeds, that is paid to the interval fund
and is reasonably intended to compensate the fund for expenses directly
related to the repurchase.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase is made in a manner or
on a basis that does not unfairly discriminate against any holders of
the class or classes of securities to be purchased.
    4. Applicants request relief under section 6(c), discussed above,
and section 23(c)(3) from rule 23c-3 to the extent necessary for the
Funds to impose early withdrawal charges on shares of the Funds
submitted for repurchase that have been held for less than a specified
period.
    5. Applicants state that the early withdrawal charges they intend
to impose are functionally similar to contingent deferred sales loads
imposed by open-end investment companies under rule 6c-10 under the
Act. Rule 6c-10 permits open-end investment companies to impose
contingent deferred sales loads, subject to certain conditions.
Applicants note that rule 6c-10 is grounded in policy considerations
supporting the employment of contingent deferred sales loads where
there are adequate safeguards for the investor and state that the same
policy considerations support imposition of early withdrawal charges in
the interval fund context. In addition, applicants state that early
withdrawal charges may be necessary for the distributor to recover
distribution costs. Applicants represent that any early withdrawal
charge imposed by the Funds will comply with rule 6c-10 under the Act
as if the rule were applicable to closed-end investment companies. The
Funds will disclose early withdrawal charges in accordance with the
requirements of Form N-1A concerning contingent deferred sales loads.

Asset-Based Distribution and Shareholder Service Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company, or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to the extent necessary to permit the Fund to impose asset-
based distribution and shareholder service fees. Applicants have agreed
to comply with rules 12b-1 and 17d-3 as if those rules applied to
closed-end investment companies, which they believe will resolve any
concerns that might arise in connection with a Fund financing the
distribution of its shares through asset-based distribution fees.
    For the reasons stated above, applicants submit that the exemptions
requested under section 6(c) are necessary and appropriate in the
public interest and are consistent with the protection of investors and
the purposes fairly intended by the policy and provisions of the Act.
Applicants further submit that the relief requested pursuant to section
23(c)(3) will be consistent with the protection of investors and will
insure that applicants do not unfairly discriminate against any holders
of the class of securities to be purchased. Finally, applicants state
that the Funds' imposition of asset-based distribution and shareholder
service fees is consistent with the provisions, policies and purposes
of the Act and does not involve participation on a basis different from
or less advantageous than that of other participants.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
FINRA Sales Charge Rule, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23367 Filed 10-26-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5522-5523]
[FR Doc No: 2013-01486]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68692; File No. SR-FINRA-2013-004]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Delay the Implementation Date of FINRA Rule
5350 (Stop Orders)

January 18, 2013.
    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 January 9, 2013, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to delay the implementation date of FINRA Rule
5350 (Stop Orders), as approved in SR-FINRA-2012-026, until March 4,
2013.
    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
    On September 4, 2012, the Commission approved FINRA Rule 5350 (Stop
Orders),\4\ a new rule that replaces the stop order provisions of FINRA
Rule 6140(h) and that generally provides that any order labeled as a
``stop order'' or a ``stop limit order'' must be triggered based upon a
transaction at the stop price, but permits firms to offer alternative
order types with different triggers (e.g., a stop order triggered by a
quotation at the stop price) so long as, among other things, the order
type is not labeled as a stop order and is clearly distinguishable from
a stop order.
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    \4\ See Securities Exchange Act Release No. 67778 (September 4,
2012), 77 FR 55517 (September 10, 2012) (Order Approving File No.
SR-FINRA-2012-026).
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    In SR-FINRA-2012-026, FINRA stated that the implementation date of
new Rule 5350 would be no more than 150 days following Commission
approval,\5\ which requires FINRA to designate an effective date of no
later than February 1, 2013. Consistent with this timeframe, on
November 2, 2012 and following industry consultation, FINRA announced
an effective date for new Rule 5350 of January 21, 2013.\6\
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    \5\ See Securities Exchange Act Release No. 67085 (May 31,
2012), 77 FR 33537 (June 6, 2012) (Notice of Filing File No. SR-
FINRA-2012-026).
    \6\ See Regulatory Notice 12-50 (November 2012).
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    FINRA recently has received requests from industry participants for
additional time to prepare for compliance with the new rule. Members
have indicated that, among other things, Hurricane Sandy and code
freezes occurred during the preparation timeframe, which contributed to
delays in members' efforts to finalize standard order nomenclature and
order messaging standards. Thus, in light of recent events and in
response to members' requests for additional time, FINRA is extending
the January 21, 2013 effective date announced in Regulatory Notice 12-
50 until March 4, 2013.\7\
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    \7\ An effective date of March 4, 2013 is 181 days from
Commission approval of SR-FINRA-2012-026.
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    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the Commission waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing, such that FINRA may immediately
announce a revised effective date of March 4, 2013.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ 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.
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    \8\ 15 U.S.C. 78o-3(b)(6).
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    FINRA understands that Hurricane Sandy and code freezes that
occurred during the preparation timeframe contributed to delays in
members' efforts to finalize standard order nomenclature and order
messaging standards. Thus, in light of recent events and in response to
members' requests for additional time, FINRA is

extending the effective date until March 4, 2013. FINRA, therefore,
believes that the proposed rule change will promote the orderly
coordination and implementation of technological and other changes to
facilitate compliance with new FINRA Rule 5350.

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

    FINRA has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). FINRA has requested that the
Commission waive the requirement that FINRA provide 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 on which FINRA filed the
proposed rule change pursuant to Rule 19b-4(f)(6)(iii). The
Commission hereby grants this request.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA has indicated
that its members have been delayed in their efforts to finalize
standard order nomenclature and order messaging standards, and have
requested additional time to prepare for compliance with the new rule.
The Commission notes that the proposed rule change does not present any
new, unique, or substantive issues, but rather is merely delaying the
implementation date of a proposed rule change the Commission previously
approved, and that waiver of the 30-day operative delay will allow
FINRA to announce the delayed implementation date to members
immediately. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest and, therefore, designates the proposed rule change as
operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2013-004 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-2013-004. 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 Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 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-2013-004 and should be submitted
on or before February 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01486 Filed 1-24-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Rules and Regulations]
[Page 68519]
[DOCID:fr28de09-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0543; Airspace Docket No. 09-ACE-9]

Amendment of Class D Airspace; St. Louis, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class D airspace to accommodate Area
Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at
Spirit of St. Louis Airport, St. Louis, MO. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rule
(IFR) operations at Spirit of St. Louis Airport.

DATES: Effective 0901 UTC, April 8, 2010. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On October 20, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class D airspace for St. Louis,
MO, reconfiguring controlled airspace at Spirit of St. Louis Airport,
St. Louis, MO (74 FR 53681) Docket No. FAA-2009-0543. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class D airspace designations are published in paragraph
5000 of FAA Order 7400.9T signed August 27, 2009, and effective
September 15, 2009, which is incorporated by reference in 14 CFR Part
71.1. The Class D airspace designations listed in this document will be
published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class D airspace extending upward from the surface
to and including 3,000 feet MSL to accommodate SIAPs at Spirit of St.
Louis Airport, St. Louis, MO. This action is necessary for the safety
and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Spirit of St. Louis Airport, St.
Louis, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

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

Paragraph 5000 Class D airspace.

* * * * *

ACE MO D St. Louis, Spirit of St. Louis Airport, MO [Amended]

St. Louis, Spirit of St. Louis Airport, MO.
    (Lat. 38[deg]39'44'' N., long. 90[deg]39'07'' W.)

    That airspace extending upward from the surface to and including
3,000 feet MSL within a 4.3-mile radius of Spirit of St. Louis
Airport, and within 1 mile each side of the 258[deg] bearing from
the airport extending from the 4.3-mile radius to 4.6 miles west of
the airport, excluding that airspace within the St. Louis, MO Class
B airspace area. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective dates and times will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *

    Issued in Fort Worth, Texas, on December 15, 2009.
Richard Farrell,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-30269 Filed 12-24-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Notices]
[Pages 17118-17120]
[FR Doc No: 2011-7148]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC11-52-000
    Applicants: AES Huntington Beach, LLC
    Description: Application of AES Huntington Beach, LLC.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5133
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2578-004
    Applicants: Fox Energy Company, LLC
    Description: Fox Energy Company, LLC submits tariff filing per 35:
MBR Tariff Compliance Filing to be effective 9/10/2010.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5191
    Comment Date: 5 p.m. Eastern Time on Friday, March 25, 2011

    Docket Numbers: ER10-3357-001
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per
35.17(b): Errata to 676-E Compliance Filing to be effective 4/1/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5090
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-2434-001
    Applicants: Wisconsin Electric Power Company
    Description: Wisconsin Electric Power Company submits tariff filing
per 35: FERC Rate Schedule 115 Amended Service Agreement Compliance
Filing to be effective 9/9/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5103
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3119-000
    Applicants: Northeast Utilities Service Company
    Description: Application for Limited Waiver, Shortened Notice
Period and Expedited Decision of Northeast Utilities Service Company.
    Filed Date: 03/16/2011
    Accession Number: 20110316-5114
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011

    Docket Numbers: ER11-3126-000
    Applicants: Orange and Rockland Utilities, Inc.

    Description: Orange and Rockland Utilities, Inc. submits tariff
filing per 35.13(a)(2)(iii: O&R underground filing 2011 to be effective
4/1/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5020
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3126-000
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Orange and Rockland Utilities, Inc. submits tariff
filing per: Supplement to O&R Underground filing to be effective N/A.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5051
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3127-000
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: No PJM Queue No.--Original Service Agreement No. 2790
to be effective 2/15/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5036
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3128-000
    Applicants: Public Service Company of Colorado
    Description: Public Service Company of Colorado submits tariff
filing per 35.13(a)(2)(iii: 2011-3-17--Ext--NERC--Std--MOD--029 to be
effective 4/1/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5041
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3130-000
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Revisions to Attachment G, section 8.1--Metering to be
effective 5/17/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5067
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3131-000
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): MidAmerican-Lehigh-Webster
to be effective 3/18/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5068
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3132-000
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): MidAmerican Neal 3 to be
effective 3/18/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5069
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3133-000
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Westar Revised Formula Rate Template to be effective
1/1/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5070
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3134-000
    Applicants: Entergy Services, Inc.
    Description: Notice of Cancellation of Entergy Services, Inc.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5089
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3135-000
    Applicants: Florida Power & Light Company
    Description: Florida Power & Light Company submits tariff filing
per 35.12: FPL and FKEC Service Agreement No. 293 to be effective 12/
31/9998.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5091
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3136-000
    Applicants: Merchant's Plaza Energy, LLC
    Description: Merchant's Plaza Energy, LLC submits tariff filing per
35.1: Merchants Plaza FERC Electric Tariff to be effective 3/17/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5109
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3137-000
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Cooperative, Inc. submits
tariff filing per 35.13(a)(2)(iii): Revised Wholesale Power Contracts
Filing to be effective 5/16/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5110
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3138-000
    Applicants: MidAmerican Energy Company
    Description: MidAmerican Energy Company submits tariff filing per
35.13(a)(2)(iii): First Revised Service Agreement 385--CB4 Transmission
to be effective 3/17/2011.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5115
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011

    Docket Numbers: ER11-3140-000
    Applicants: Hydrogen Energy California LLC
    Description: Petition for Waiver from CAISO Tariff Provisions and
Request for Expedited Ruling of Hydrogen Energy California LLC.
    Filed Date: 03/17/2011
    Accession Number: 20110317-5132
    Comment Date: 5 p.m. Eastern Time on Thursday, March 31, 2011

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://

www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

    Dated: March 18, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-7148 Filed 3-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57552-57555]
[FR Doc No: 2021-22633]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0876; Project Identifier MCAI-2021-01031-T;
Amendment 39-21767; AD 2021-21-07]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-841 and A330-941 airplanes. This AD was prompted
by a report of incorrect take-off computations for crosswinds above 20
knots. This AD requires amending the existing aircraft flight manual
(AFM), as specified in a European Union Aviation Safety Agency (EASA),
which is incorporated by reference. The

FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD becomes effective November 2, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 2,
2021.
    The FAA must receive comments on this AD by December 2, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0876.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0876; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0876; Project Identifier MCAI-
2021-01031-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0210, dated September 16, 2021
(EASA AD 2021-0210) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-841 and A330-941
airplanes.
    This AD was prompted by a report of incorrect take-off computations
for crosswinds above 20 knots in a certain AFM. The FAA is issuing this
AD to address substantially reduced take-off performance in crosswind
conditions above 20 knots, possibly resulting in a runway overrun, in
the event of continued takeoff following an engine failure or a
rejected takeoff, with consequent damage to the airplane and injury to
occupants. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0210 specifies procedures for amending the existing
AFM to include revised aircraft performance databases for performance
calculations for crosswind above 20 knots. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    These products have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in the MCAI described above. The FAA is
issuing this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of these
same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0210 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
    EASA AD 2021-0210 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD would not specifically require those
actions as those actions are already required by FAA regulations. FAA
regulations require operators to furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure that the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a

civil aircraft must comply with the operating limitations specified in
the AFM.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0210 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0210 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0210 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2021-0210. Service information required by EASA AD 2021-0210 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0876 after this AD is
published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because incorrect take-off computations for crosswinds above 20 knots
could result in substantially reduced take-off performance in those
conditions, possibly resulting in a runway overrun, in the event of
continued takeoff following an engine failure or rejected takeoff, with
consequent damage to the airplane and injury to occupants. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 11 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost  per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $935
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-21-07 Airbus SAS: Amendment 39-21767; Docket No. FAA-2021-0876;
Project Identifier MCAI-2021-01031-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 2, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A330-841 and A330-941
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a report of incorrect take-off
computations for crosswinds above 20 knots. The FAA is issuing this
AD to address substantially reduced take-off performance in
crosswind conditions above 20 knots, possibly resulting in a runway
overrun, in the event of continued takeoff following an engine
failure or rejected takeoff, with consequent damage to the airplane
and injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0210, dated September 16, 2021 (EASA AD 2021-0210).

(h) Exceptions to EASA AD 2021-0210

    (1) Where EASA AD 2021-0210 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0210 specifies amending
the aircraft flight manual (AFM), this AD requires replacing the
text ``implement the aircraft performance database by introducing
the AFM DU [Documentary Unit]'' with ``amend the applicable existing
AFM and applicable corresponding operational procedures by
incorporating the AFM DU.''
    (3) Whereas paragraph (1) of EASA AD 2021-0210 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
    (4) The ``Remarks'' section of EASA AD 2021-0210 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0210,
dated September 16, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0210, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-22633 Filed 10-14-21; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Notices]
[Pages 19087-19088]
[FR Doc No: 2015-08156]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0001]

Food and Drug Administration Science Forum 2015; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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

    The Food and Drug Administration (FDA) is announcing a public
workshop entitled ``FDA Science Forum 2015.'' The purpose of the public
workshop is to highlight science conducted at the FDA by showcasing how
scientific research informs regulatory decision making and to provide a
forum for developing collaborations within FDA and with external
organizations. The focus of the forum will be the eight FDA Regulatory
Science priority areas

(http://www.fda.gov/ScienceResearch/SpecialTopics/RegulatoryScience/ucm267719.htm).
    Date and Time: The public workshop will be held on May 27, 2015,
from 8:30 a.m. to 3:45 p.m. and May 28, 2015, from 8:30 a.m. to 4 p.m.
    Location: The public workshop will be held at FDA White Oak Campus,
10903 New Hampshire Ave., Building 31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993-0002. Entrance for the public
workshop participants (non-FDA employees) is through Building 1 where
routine security check procedures will be performed. For parking and
security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Contact Person: Leslie Wheelock, Office of Scientific Professional
Development, Office of the Chief Scientist, Office of the Commissioner,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm.
4345, Silver Spring, MD,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Registration: Submit your online registration information
(including name, title, firm name, address, telephone and email) by May
15, 2015 at: http://www.fda.gov/scienceresearch/aboutscienceresearchatfda/ucm429403.htm.
    There is no registration fee for the public workshop. Early
registration is recommended because seating is limited. There will be
no onsite registration.
    If you need special accommodations due to a disability, please
contact Leslie Wheelock (see Contact Person) at least 7 days in
advance.
    Webcast: Please be advised that as soon as possible after the
Forum, a webcast and report of the public workshop will be accessible
at: http://www.fda.gov/scienceresearch/aboutscienceresearchatfda/ucm429403.htm.

SUPPLEMENTARY INFORMATION: Each session of the FDA Science Forum will
have an expert in the area and presentations by FDA staff.

    Dated: April 3, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-08156 Filed 4-8-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37318-37319]
[FR Doc No: 2012-15160]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0474]
RIN 1625-AA00

Eighth Coast Guard District Annual Safety Zones; Sound of
Independence; Santa Rosa Sound; Fort Walton Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a Safety Zone for the Sound of
Independence event in the Santa Rosa Sound, Fort Walton Beach, Florida
from 9 p.m. until 9:30 p.m. on June 29, 2012. This action is necessary
for the safeguard of participants and spectators, including all crews,
vessels, and persons on navigable waters during the Sound of
Independence. During the enforcement period, entry into, transiting or
anchoring in the Safety Zone is prohibited to all vessels not
registered with the sponsor as participants or official patrol vessels,
unless specifically authorized by the Captain of the Port (COTP) Mobile
or a designated representative.

DATES: The regulations in 33 CFR 165.801 will be enforced from 9 p.m.
until 9:30 p.m. on June 29, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of

enforcement, call or email LT Lenell J. Carson, Coast Guard Sector
Mobile, Waterways Division; telephone<PHONE_NUMBER> or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone
for the annual Sound of Independence event listed in 33 CFR 165.801
Table 1, Table No. 147; Sector Mobile, No. 6 on June 29, 2012 from 9
p.m. until 9:30 p.m.
    Under the provisions of 33 CFR 165.801, entry into the safety zone
listed in Table 1, Table No. 147; Sector Mobile, No. 6 is prohibited
unless authorized by the Captain of the Port or a designated
representative. Persons or vessels desiring to enter into or passage
through the Safety Zone must request permission from the Captain of the
Port or a designated representative. If permission is granted, all
persons and vessels shall comply with the instructions of the Captain
of the Port or designated representative.
    This notice is issued under authority of 5 U.S.C. 552 (a); 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. In addition to
this notice in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of this enforcement period
via Local Notice to Mariners and Marine Information Broadcasts.
    If the Captain of the Port Mobile or Patrol Commander determines
that the Safety Zone need not be enforced for the full duration stated
in this notice of enforcement, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the regulated area.

    Dated: May 31, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-15160 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P