[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1252-1257]
[FR Doc No: 2019-00725]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84997; File No. 4-678]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Proposed Amended Plan for the
Allocation of Regulatory Responsibilities Among the Financial Industry
Regulatory Authority, Inc., Miami International Securities Exchange,
LLC, MIAX PEARL, LLC, and MIAX EMERALD, LLC.

January 29, 2019.
    Pursuant to Section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on December 20, 2018, Miami International Securities Exchange, LLC
(``MIAX''), MIAX PEARL, LLC (``MIAX PEARL''), MIAX EMERALD, LLC (``MIAX
EMERALD'') and the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (together, the ``Parties'') filed with the Securities and
Exchange Commission (``Commission'' or ``SEC'') an amended plan for the
allocation of regulatory responsibilities, dated December 19, 2018
(``17d-2 Plan'' or the ``Plan''). The Commission is publishing this
notice to solicit comments on the 17d-2 Plan from interested persons.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) or Section 19(g)(2) of the Act.\4\ Without
this relief, the statutory obligation of each individual SRO could
result in a pattern of multiple examinations of broker-dealers that
maintain memberships in more than one SRO (``common members''). Such
regulatory duplication would add unnecessary expenses for common
members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
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    Section 17(d)(1) of the Act \5\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\6\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \5\ 15 U.S.C. 78q(d)(1).
    \6\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\7\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\8\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \7\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \8\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\9\ Rule 17d-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission

approval of a plan filed pursuant to Rule 17d-2 relieves an SRO of
those regulatory responsibilities allocated by the plan to another SRO.
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    \9\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. The Plan

    On November 19, 2014, the Commission declared effective the Plan
entered into between FINRA and MIAX for allocating regulatory
responsibility pursuant to Rule 17d-2.\10\ The Plan is intended to
reduce regulatory duplication for firms that are common members of both
MIAX and FINRA. The plan reduces regulatory duplication for firms that
are members of MIAX and FINRA by allocating regulatory responsibility
with respect to certain applicable laws, rules, and regulations.
Included in the Plan is an exhibit that lists every MIAX rule for which
FINRA bears responsibility under the Plan for overseeing and enforcing
with respect to MIAX members that are also members of FINRA and the
associated persons therewith. On January 12, 2017, the parties
submitted a proposed amendment to the Plan to add MIAX PEARL as a
Participant to the Plan.\11\ On June 28, 2018, the parties submitted a
proposed amendment to the Plan to allocate surveillance, investigation,
and enforcement responsibilities for Rule 14e-4 under the Act, as well
as certain provisions of Regulation SHO.\12\
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    \10\ See Securities Exchange Act Release No. 73641 (November 19,
2014), 79 FR 70230 (November 25, 2014).
    \11\ See Securities Exchange Act Release Nos. 79779 (January 12,
2017), 82 FR 6674 (January 19, 2017) (notice) and 79974 (February 6,
2017), 82 FR 10417 (February 10, 2017) (order).
    \12\ See Securities Exchange Act Release No. 83696 (July 24,
2018), 83 FR 35682 (July 27, 2018).
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III. Proposed Amendment to Plan

    On December 20, 2018, the parties submitted a proposed amendment to
the Plan. The primary purpose of the amendment is to add MIAX EMERALD
as a Participant to the Plan. The text of the proposed amended 17d-2
plan is as follows (additions are italicized; deletions are
[bracketed]):

Agreement Among Financial Industry Regulatory Authority, Inc., Miami
International Securities Exchange, LLC [AND], MIAX Pearl, LLC and Miax
Emerald, LLC, Pursuant To Rule 17d-2 Under The Securities Exchange Act
of 1934

    This Agreement, by and among the Financial Industry Regulatory
Authority, Inc. (``FINRA''), Miami International Securities Exchange,
LLC (``MIAX'') [and], MIAX PEARL, LLC (``MIAX PEARL''), and MIAX
Emerald, LLC (``MIAX Emerald'') is made this [27th]19th day of
[June]December, 2018 (the ``Agreement''), pursuant to Section 17(d) of
the Securities Exchange Act of 1934 (the ``Exchange Act'') and Rule
17d-2 thereunder, which permits agreements between self-regulatory
organizations to allocate regulatory responsibility to eliminate
regulatory duplication. FINRA, MIAX [and], MIAX PEARL and MIAX Emerald
may be referred to individually as a ``party'' and together as the
``parties.''
    This Agreement amends and restates the agreement entered into
between FINRA, MIAX and MIAX PEARL on [January 11, 2017]June 27, 2018,
entitled ``Agreement between Financial Industry Regulatory Authority,
Inc., Miami International Securities Exchange, LLC and MIAX PEARL, LLC
Pursuant to Rule 17d-2 under the Securities Exchange Act of 1934,'' and
any subsequent amendments thereafter.
    Whereas, the parties desire to reduce duplication in the
examination of their Common Members (as defined herein) and in the
filing and processing of certain registration and membership records;
and
    Whereas, the parties desire to execute an agreement covering such
subjects pursuant to the provisions of Rule 17d-2 under the Exchange
Act and to file such agreement with the Securities and Exchange
Commission (the ``SEC'' or ``Commission'') for its approval.
    Now, Therefore, in consideration of the mutual covenants contained
hereinafter, the parties hereby agree as follows:
    1. Definitions. Unless otherwise defined in this Agreement or the
context otherwise requires, the terms used in this Agreement shall have
the same meaning as they have under the Exchange Act and the rules and
regulations thereunder. As used in this Agreement, the following terms
shall have the following meanings:
    (a) ``MIAX Rules,'' ``MIAX PEARL Rules'', ``MIAX Emerald Rules'' or
``FINRA Rules'' shall mean: (i) The rules of MIAX [or], MIAX PEARL or
MIAX Emerald, respectively, or (ii) the rules of FINRA, respectively,
as the rules of an exchange or association are defined in Exchange Act
Section 3(a)(27).
    (b) ``Common Rules'' shall mean MIAX Rules [and], MIAX PEARL Rules
and MIAX Emerald Rules that are substantially similar to the applicable
FINRA Rules and certain provisions of the Exchange Act and SEC rules
set forth on Exhibit 1 in that examination for compliance with such
provisions and rules would not require FINRA to develop one or more new
examination standards, modules, procedures, or criteria in order to
analyze the application of the provision or rule, or a Common Member's
activity, conduct, or output in relation to such provision or rule.
Common Rules shall not include any provisions regarding (i) notice,
reporting or any other filings made directly to or from MIAX [or], MIAX
PEARL or MIAX Emerald, (ii) incorporation by reference of MIAX [or],
MIAX PEARL Rules or MIAX Emerald Rules that are not Common Rules, (iii)
exercise of discretion in a manner that differs from FINRA's exercise
of discretion including, but not limited to exercise of exemptive
authority, by MIAX [or], MIAX PEARL or MIAX Emerald, (iv) prior written
approval of MIAX [or], MIAX PEARL or MIAX Emerald and (v) payment of
fees or fines to MIAX [or], MIAX PEARL or MIAX Emerald.
    (c) ``Common Members'' shall mean members of FINRA and at least one
of MIAX [or], MIAX PEARL or MIAX Emerald.
    (d) ``Effective Date'' shall be the date this Agreement is approved
by the Commission.
    (e) ``Enforcement Responsibilities'' shall mean the conduct of
appropriate proceedings, in accordance with FINRA's Code of Procedure
(the Rule 9000 Series) and other applicable FINRA procedural rules, to
determine whether violations of Common Rules have occurred, and if such
violations are deemed to have occurred, the imposition of appropriate
sanctions as specified under FINRA's Code of Procedure and sanctions
guidelines.
    (f) ``Regulatory Responsibilities'' shall mean the examination
responsibilities and Enforcement Responsibilities relating to
compliance by the Common Members with the Common Rules and the
provisions of the Exchange Act and the rules and regulations
thereunder, and other applicable laws, rules and regulations, each as
set forth on Exhibit 1 attached hereto. The term ``Regulatory
Responsibilities'' shall also include the surveillance, investigation
and Enforcement Responsibilities relating to compliance by Common
Members with Rule 14e-4 of the Securities Exchange Act (``Rule 14e-
4''), with a focus on the standardized call option provision of Rule
14e-4(a)(1)(ii)(D).
    2. Regulatory and Enforcement Responsibilities. FINRA shall assume
Regulatory Responsibilities and Enforcement Responsibilities for Common
Members. Attached as Exhibit 1 to this Agreement and made part hereof,
MIAX [and], MIAX PEARL and MIAX Emerald furnished FINRA with a current
list of Common Rules and certified to FINRA that such rules that are
MIAX Rules [and], MIAX PEARL

Rules and MIAX Emerald Rules are substantially similar to the
corresponding FINRA Rules (the ``Certification''). FINRA hereby agrees
that the rules listed in the Certification are Common Rules as defined
in this Agreement. Each year following the Effective Date of this
Agreement, or more frequently if required by changes in the rules of
the parties, MIAX [and], MIAX PEARL and MIAX Emerald shall submit an
updated list of Common Rules to FINRA for review which shall add MIAX
Rules [or], MIAX PEARL Rules or MIAX Emerald Rules not included in the
current list of Common Rules that qualify as Common Rules as defined in
this Agreement; delete MIAX Rules [or], MIAX PEARL Rules or MIAX
Emerald Rules included in the current list of Common Rules that no
longer qualify as Common Rules as defined in this Agreement; and
confirm that the remaining rules on the current list of Common Rules
continue to be MIAX Rules [or], MIAX PEARL Rules or MIAX Emerald Rules
that qualify as Common Rules as defined in this Agreement. Within 30
days of receipt of such updated list, FINRA shall confirm in writing
whether the rules listed in any updated list are Common Rules as
defined in this Agreement. Notwithstanding anything herein to the
contrary, it is explicitly understood that the term ``Regulatory
Responsibilities'' does not include, and MIAX [and], MIAX PEARL and
MIAX Emerald shall retain full responsibility for (unless otherwise
addressed by separate agreement or rule) (collectively, the ``Retained
Responsibilities'') the following:
    (a) Surveillance, examination, investigation and enforcement with
respect to trading activities or practices involving MIAX's [and], MIAX
PEARL's and MIAX Emerald's own marketplace;
    (b) registration pursuant to their applicable rules of associated
persons (i.e., registration rules that are not Common Rules);
    (c) discharge of their duties and obligations as a Designated
Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
    (d) any MIAX Rules [or], MIAX PEARL Rules or MIAX Emerald Rules
that are not Common Rules as provided in paragraph 6.
    3. Common Members. Prior to the Effective Date, MIAX [and], MIAX
PEARL and MIAX Emerald shall furnish FINRA with a current list of
Common Members, which shall be updated no less frequently than once
each quarter.
    4. No Charge. There shall be no charge to MIAX [and], MIAX PEARL
and MIAX Emerald by FINRA for performing the Regulatory
Responsibilities and Enforcement Responsibilities under this Agreement
except as hereinafter provided. FINRA shall provide MIAX [and], MIAX
PEARL and MIAX Emerald with ninety (90) days advance written notice in
the event FINRA decides to impose any charges to MIAX [and], MIAX PEARL
and MIAX Emerald for performing the Regulatory Responsibilities under
this Agreement. If FINRA determines to impose a charge, MIAX [and],
MIAX PEARL and MIAX Emerald shall have the right at the time of the
imposition of such charge to terminate this Agreement; provided,
however, that FINRA's Regulatory Responsibilities under this Agreement
shall continue until the Commission approves the termination of this
Agreement.
    5. Applicability of Certain Laws, Rules, Regulations or Orders.
Notwithstanding any provision hereof, this Agreement shall be subject
to any statute, or any rule or order of the SEC. To the extent such
statute, rule or order is inconsistent with one or more provisions of
this Agreement, the statute, rule or order shall supersede the
provision(s) hereof to the extent necessary to be properly effectuated
and the provision(s) hereof in that respect shall be null and void.
    6. Notification of Violations. In the event that FINRA becomes
aware of apparent violations of any MIAX Rules [or], MIAX PEARL Rules
or MIAX Emerald Rules, which are not listed as Common Rules, discovered
pursuant to the performance of the Regulatory Responsibilities assumed
hereunder, FINRA shall notify MIAX [and], MIAX PEARL and MIAX Emerald
of those apparent violations for such response as MIAX [and], MIAX
PEARL and MIAX Emerald deem appropriate. In the event that MIAX [or],
MIAX PEARL or MIAX Emerald becomes aware of apparent violations of any
Common Rules, discovered pursuant to the performance of the Retained
Responsibilities, MIAX [and], MIAX PEARL and MIAX Emerald shall notify
FINRA of those apparent violations and such matters shall be handled by
FINRA as provided in this Agreement. Apparent violations of Common
Rules shall be processed by, and enforcement proceedings in respect
thereto shall be conducted by FINRA as provided hereinbefore; provided,
however, that in the event a Common Member is the subject of an
investigation relating to a transaction on MIAX [or], MIAX PEARL or
MIAX Emerald, MIAX [and], MIAX PEARL and MIAX Emerald may in their
discretion assume concurrent jurisdiction and responsibility. Each
party agrees to make available promptly all files, records and
witnesses necessary to assist the other in its investigation or
proceedings.
    7. Continued Assistance.
    (a) FINRA shall make available to MIAX [and], MIAX PEARL and MIAX
Emerald all information obtained by FINRA in the performance by it of
the Regulatory Responsibilities hereunder with respect to the Common
Members subject to this Agreement. In particular, and not in limitation
of the foregoing, FINRA shall furnish MIAX [and], MIAX PEARL and MIAX
Emerald any information it obtains about Common Members which reflects
adversely on their financial condition. MIAX [and], MIAX PEARL and MIAX
Emerald shall make available to FINRA any information coming to its
attention that reflects adversely on the financial condition of Common
Members or indicates possible violations of applicable laws, rules or
regulations by such firms.
    (b) The parties agree that documents or information shared shall be
held in confidence, and used only for the purposes of carrying out
their respective regulatory obligations. No party shall assert
regulatory or other privileges as against any other with respect to
documents or information that is required to be shared pursuant to this
Agreement.
    (c) The sharing of documents or information among the parties
pursuant to this Agreement shall not be deemed a waiver as against
third parties of regulatory or other privileges relating to the
discovery of documents or information.
    8. Statutory Disqualifications. When FINRA becomes aware of a
statutory disqualification as defined in the Exchange Act with respect
to a Common Member, FINRA shall determine pursuant to Sections 15A(g)
and/or Section 6(c) of the Exchange Act the acceptability or continued
applicability of the person to whom such disqualification applies and
keep MIAX [and], MIAX PEARL and MIAX Emerald advised of its actions in
this regard for such subsequent proceedings as MIAX [and], MIAX PEARL
and MIAX Emerald may initiate.
    9. Customer Complaints. MIAX [and], MIAX PEARL and MIAX Emerald
shall forward to FINRA copies of all customer complaints involving
Common Members received by MIAX [and], MIAX PEARL and MIAX Emerald
relating to FINRA's Regulatory Responsibilities under this Agreement.
It shall be FINRA's responsibility to review and take appropriate
action in respect to such complaints.

    10. Advertising. FINRA shall assume responsibility to review the
advertising of Common Members subject to the Agreement, provided that
such material is filed with FINRA in accordance with FINRA's filing
procedures and is accompanied with any applicable filing fees set forth
in FINRA Rules.
    11. No Restrictions on Regulatory Action. Nothing contained in this
Agreement shall restrict or in any way encumber the right of any party
to conduct its own independent or concurrent investigation, examination
or enforcement proceeding of or against Common Members, as any party,
in its sole discretion, shall deem appropriate or necessary.
    12. Termination. This Agreement may be terminated by any party at
any time upon the approval of the Commission after one (1) year's
written notice to the other parties (or such shorter time as agreed by
the parties), except as provided in paragraph 4.
    13. Arbitration. In the event of a dispute among the parties as to
the operation of this Agreement, the parties hereby agree that any such
dispute shall be settled by arbitration in Washington, DC in accordance
with the rules of the American Arbitration Association then in effect,
or such other procedures as the parties may mutually agree upon.
Judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction. Each party acknowledges that the timely
and complete performance of its obligations pursuant to this Agreement
is critical to the business and operations of the other parties. In the
event of a dispute among the parties, the parties shall continue to
perform their respective obligations under this Agreement in good faith
during the resolution of such dispute unless and until this Agreement
is terminated in accordance with its provisions. Nothing in this
Section 13 shall interfere with a party's right to terminate this
Agreement as set forth herein.
    14. Separate Agreement. This Agreement is wholly separate from the
following agreement: (1) The multiparty Agreement made pursuant to Rule
17d-2 of the Exchange Act among BATS Exchange, Inc., BOX Options
Exchange, LLC, Chicago Board Options Exchange, Incorporated, C2 Options
Exchange, Incorporated, the International Securities Exchange, LLC,
FINRA, MIAX, NYSE MKT LLC, the NYSE Arca, Inc., The NASDAQ Stock Market
LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, ISE Gemini, LLC, EDGX
Exchange, Inc., ISE Mercury, LLC and MIAX PEARL, LLC involving the
allocation of regulatory responsibilities with respect to common
members for compliance with common rules relating to the conduct by
broker-dealers of accounts for listed options or index warrants entered
as approved by the SEC on February 2, 2017, and as may be amended from
time to time; and (2) the multiparty Agreement made pursuant to Rule
17d-2 of the Exchange Act among NYSE MKT LLC, BATS Exchange, Inc., EDGX
Exchange, Inc., BOX Options Exchange LLC, NASDAQ OMX BX, Inc., C2
Options Exchange, Incorporated, Chicago Board Options Exchange,
Incorporated, International Securities Exchange LLC, ISE Gemini, LLC,
ISE Mercury, LLC, FINRA, NYSE Arca, Inc., The NASDAQ Stock Market LLC,
NASDAQ OMX PHLX, Inc., MIAX and MIAX PEARL, LLC involving the
allocation of regulatory responsibilities with respect to SRO market
surveillance of common members activities with regard to certain common
rules relating to listed options approved by the SEC on February 2,
2017, and as may be amended from time to time.
    15. Notification of Members. The parties shall notify Common
Members of this Agreement after the Effective Date by means of a
uniform joint notice.
    16. Amendment. This Agreement may be amended in writing provided
that the changes are approved by each party. All such amendments must
be filed with and approved by the Commission before they become
effective.
    17. Limitation of Liability. None of the parties nor any of their
respective directors, governors, officers or employees shall be liable
to any other party to this Agreement for any liability, loss or damage
resulting from or claimed to have resulted from any delays,
inaccuracies, errors or omissions with respect to the provision of
Regulatory Responsibilities as provided hereby or for the failure to
provide any such responsibility, except with respect to such liability,
loss or damages as shall have been suffered by any party and caused by
the willful misconduct of another party or their respective directors,
governors, officers or employees. No warranties, express or implied,
are made by any party hereto with respect to any of the
responsibilities to be performed by them hereunder.
    18. Relief from Responsibility. Pursuant to Sections 17(d)(1)(A)
and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA, MIAX
[and], MIAX PEARL and MIAX Emerald join in requesting the Commission,
upon its approval of this Agreement or any part thereof, to relieve
MIAX [and], MIAX PEARL and MIAX Emerald of any and all responsibilities
with respect to matters allocated to FINRA pursuant to this Agreement;
provided, however, that this Agreement shall not be effective until the
Effective Date.
    19. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or affecting the
validity or enforceability of any of the terms or provisions of this
Agreement in any other jurisdiction.
    20. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and such
counterparts together shall constitute one and the same instrument.
    In witness whereof, each party has executed or caused this
Agreement to be executed on its behalf by a duly authorized officer as
of the date first written above.

MIAMI INTERNATIONAL SECURITIES EXCHANGE, LLC

By:--------------------------------------------------------------------

Name:
Title:

MIAX PEARL, LLC

By:--------------------------------------------------------------------

Name:
Title:

MIAX EMERALD, LLC

By:--------------------------------------------------------------------

Name:
Title:

FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.

By:--------------------------------------------------------------------

Name:
Title:

Exhibit 1

Miami International Securities Exchange, LLC [and], MIAX PEARL, LLC and
MIAX Emerald, LLC Rules Certification for 17d-2 Agreement With FINRA

    Miami International Securities Exchange, LLC (``MIAX'') [and],
MIAX PEARL, LLC (``MIAX PEARL'') and MIAX Emerald, LLC (``MIAX
Emerald'') hereby certify that the requirements contained in the
rules listed below are identical to, or substantially similar to,
the comparable FINRA (NASD) Rule, Exchange Act provision or SEC rule
identified (``Common Rules'').

----------------------------------------------------------------------------------------------------------------
                                                                                FINRA (NASD) rules,
              MIAX rules                   MIAX Pearl rules        MIAX Emerald rules     Exchange Act provision
                                                                                or SEC rule
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Rule 301 Just and Equitable            Rule 301 Just and        Rule 301 Just and        FINRA Rule 2010
 Principles of Trade \1\.               Equitable Principles     Equitable Principles     Standards of
                                        of Trade \1\.            of Trade \1\.            Commercial Honor and
                                                                                Principles of Trade.
Rule 303 Prevention of the Misuse of   Rule 303 Prevention of   Rule 303 Prevention of   Section 15(g) of the
 Material Nonpublic Information \1\ .  the Misuse of Material   the Misuse of Material   Exchange Act and FINRA
                                        Nonpublic Information    Nonpublic Information    Rule 3110(b)(1)
                                        \1\ .                   \1\ .                   Supervision.
Rule 315 Anti-Money Laundering         Rule 315 Anti-Money      Rule 315 Anti-Money      FINRA Rule 3310 Anti-
 Compliance Program .                  Laundering Compliance    Laundering Compliance    Money Laundering
                                        Program .               Program \1\ .           Compliance Program.
Rule 318(a) Manipulation.............  Rule 318(a)              Rule 318(a)              FINRA Rule 2020 Use of
                                        Manipulation.            Manipulation.            Manipulative,
                                                                                Deceptive or other
                                                                                Fraudulent Devices.
Rule 318(b) Manipulation.............  Rule 318(b)              Rule 318(b)              FINRA Rule 6140(d)
                                        Manipulation.            Manipulation.            Other Trading
                                                                                Practices.
Rule 319 Forwarding of Proxy and       Rule 319 Forwarding of   Rule 319 Forwarding of   FINRA Rule 2251
 Other Issuer-Related Materials.        Proxy and Other Issuer-  Proxy and Other Issuer-  Processing and
                                        Related Materials.       Related Materials.       Forwarding of Proxy
                                                                                and Other Issuer-
                                                                                Related Materials.
Rule 320 Trading Ahead of Research     Rule 320 Trading Ahead   Rule 320 Trading Ahead   FINRA Rule 5280 Trading
 Reports.                               of Research Reports.     of Research Reports.     Ahead of Research
                                                                                Reports.
Rule 800(a), (b) and (d) Maintenance,  Rule 800(a), (b) and     Rule 800(a), (b) and     FINRA Rule 4511 General
 Retention and Furnishing of Books,     (d) Maintenance,         (d) Maintenance,         Requirements* and
 Records and Other Information 1.      Retention and            Retention and            Section 17 of the
                                        Furnishing of Books,     Furnishing of Books,     Exchange Act and the
                                        Records and Other        Records and Other        rules thereunder .
                                        Information 1.          Information 1 .
Rule 1304 Continuing Education for     Rule 1304 Continuing     Rule 1304 Continuing     FINRA Rule 1250(a)(1)-
 Registered Persons .                  Education for            Education for            (4), (6) and (b)
                                        Registered Persons .    Registered Persons. .   Continuing Education
                                                                                Requirements.
Rule 1321 Transfer of Accounts.......  Rule 1321 Transfer of    Rule 1321 Transfer of    FINRA Rule 11870
                                        Accounts.                Accounts.                Customer Account
                                                                                Transfer Contracts.
Rule 1325 Telemarketing..............  Rule 1325 Telemarketing  Rule 1325 Telemarketing  FINRA Rule 3230
                                                                                Telemarketing.
----------------------------------------------------------------------------------------------------------------
\1\ FINRA shall only have Regulatory Responsibilities regarding the rule and not the interpretations and
  policies.
# Common Rules shall not include any provisions regarding (i) notice, reporting or any other filings made
  directly to or from MIAX [or], MIAX PEARL or MIAX Emerald, (ii) incorporation by reference of MIAX [or], MIAX
  PEARL or MIAX Emerald Rules that are not Common Rules, (iii) exercise of discretion in a manner that differs
  from FINRA's exercise of discretion including, but not limited to exercise of exemptive authority by MIAX
  [or], MIAX PEARL or MIAX Emerald, (iv) prior written approval of MIAX [or], MIAX PEARL or MIAX Emerald and (v)
  payment of fees or fines to MIAX [or], MIAX PEARL or MIAX Emerald.

    In addition, the following provisions shall be part of this 17d-2
Agreement:

SEA Rule 200 of Regulation SHO--Definition of ``Short Sale'' and
Marking Requirements and
SEA Rule 201 of Regulation SHO--Circuit Breaker
SEA Rule 203 of Regulation SHO--Borrowing and Delivery Requirements
SEA Rule 204 of Regulation SHO--Close-Out Requirement
SEA Rule 14e-4--Prohibited Transactions in Connection with Partial
Tender Offers [supcaret]

    [supcaret] FINRA shall perform surveillance, investigation, and
Enforcement Responsibilities for SEA Rule 14e-4(a)(1)(ii)(D).

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

    Pursuant to Section 17(d)(1) of the Act \13\ and Rule 17d-2
thereunder,\14\ after February 19, 2019, the Commission may, by written
notice, declare the plan submitted by MIAX, MIAX PEARL, MIAX EMERALD,
and FINRA, File No. 4-678, to be effective if the Commission finds that
the plan is necessary or appropriate in the public interest and for the
protection of investors, to foster cooperation and coordination among
self-regulatory organizations, or to remove impediments to and foster
the development of the national market system and a national system for
the clearance and settlement of securities transactions and in
conformity with the factors set forth in Section 17(d) of the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q(d)(1).
    \14\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the proposed 17d-2 Plan and to relieve MIAX, MIAX PEARL, and MIAX
EMERALD of the responsibilities which would be assigned to FINRA,
interested persons are invited to submit written data, views, and
arguments concerning the foregoing. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-678 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-678. 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/other.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 plan also will be available for
inspection and copying at the principal offices of MIAX, MIAX PEARL,
MIAX EMERALD, and FINRA. All comments received will be posted without
change. Persons submitting comments are cautioned that we do not redact
or edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number 4-678 and should
be submitted on or before February 19, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-00725 Filed 1-31-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Rules and Regulations]
[Pages 18428-18431]
[FR Doc No: 2020-07009]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0210; Product Identifier 2020-NM-045-AD; Amendment
39-19887; AD 2020-06-18]
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 A318, A319, A320, and A321 series airplanes. This AD
was prompted by a recent maintenance repair organization's report to
Airbus of deviations from the component maintenance manual acceptance
test procedure for certain trimmable horizontal stabilizer actuators
(THSAs). This AD requires replacement of affected THSAs with
serviceable THSAs, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective April 2, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of April 2,
2020.
    The FAA must receive comments on this AD by May 18, 2020.

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: 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.
    For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>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 IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0210.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0210; 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 regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

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

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0073, dated March 26, 2020
(``EASA AD 2020-0073'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -215, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes. (Model A320-215 airplanes are not certified by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.)
    This AD was prompted by a recent maintenance repair organization's
report to Airbus of deviations from the acceptance test procedure for
certain THSAs as specified in the Airbus component maintenance manual
(CMM) after disassembly and reassembly of the THSA ball screw sub-
assembly. A deviation from the accepted test procedure affects, in
particular, the verification of proper installation of the THSA ball
screw in shop. Improper installation of the THSA ball screw jack
compromises the fail safe design of the THSA that prevents the axial
separation of the screw shaft. Subsequent missed inspections or testing
regimes further compromise the fail safe design of the THSA. A
compromised fail safe design of the THSA can result in a single failure
of the THSA. The FAA is issuing this AD to address this unsafe
condition, which can compromise fail safe design of the THSA, which may
result in uncontrolled movement of the horizontal stabilizer as a
result of a single failure, and consequent loss of control of the
airplane. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0073 describes procedures for replacing affected THSAs
with serviceable THSAs. 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

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the agency
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2020-0073 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0073
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0073 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 the EASA AD 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 the
EASA AD. Service information specified in EASA AD 2020-0073 that is
required for compliance with EASA AD 2020-0073 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0210.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) 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 seeking comment prior to the
rulemaking. Similarly, 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, as described in the Discussion section of this AD, improper
installation of THSA ball screw jack compromises fail safe design of
the THSA, which can result in uncontrolled movement of the horizontal
stabilizer as a result of a single failure of the THSA, and consequent
loss of control of the airplane. Given the significance of the risk
presented by this unsafe condition, it must be immediately addressed.
    Accordingly, notice and opportunity for prior public comment are
impracticable pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
reasons stated above, 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.

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.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0210;
Product Identifier 2020-NM-045-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 89 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 13 work-hours x $85 per hour = Up               $0  Up to $1,105..............  Up to $98,345.
 to $1,105.
----------------------------------------------------------------------------------------------------------------

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

    The FAA determined that 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2020-06-18 Airbus SAS: Amendment 39-19887; Docket No. FAA-2020-0210;
Product Identifier 2020-NM-045-AD.

(a) Effective Date

    This AD becomes effective April 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, all manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a maintenance repair organization's
report of deviations from the component maintenance manual
acceptance test procedure for certain trimmable horizontal
stabilizer actuators (THSAs). The FAA is issuing this AD to address
improper installation of the THSA ball screw jack, which can
compromise fail safe design of the THSA, that may result in
uncontrolled movement of the horizontal stabilizer as a result of a
single failure of the THSA, and consequent loss of control of the
airplane.

(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
2020-0073, dated March 26, 2020 (``EASA AD 2020-0073'').

(h) Exceptions to EASA AD 2020-0073

    (1) Where EASA AD 2020-0073 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0073 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards 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): For any service information
referenced in EASA AD 2020-0073 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
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 Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0073,
dated March 26, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0073, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>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, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0210.
    (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_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 30, 2020.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-07009 Filed 3-31-20; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31202-31204]
[FR Doc No: 2019-13947]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0513]
RIN 1625-AA00

Safety Zone; Upper Mississippi River, Miles 483 to 484, Rock
Island, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Upper Mississippi River between Mile Marker
(MM) 483 and MM 484. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by a
fireworks display. Entry of vessels or persons into this zone is
prohibited unless

specifically authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.

DATES: This rule is effective from 9 p.m. to 10:30 p.m. on July 3,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0513 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. Recent flooding
in the area prompted the need for a sudden change in the launch site
for the annual fireworks display from the location published in 33 CFR
165.801 Table 2, Line 19, Davenport One Chamber, Red White and Boom to
a location approximately one-half mile up-river and immediate action is
needed to respond to the potential safety hazards associated with the
fireworks display. It is impracticable to publish an NPRM because we
must establish this safety zone by July 3, 2019 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the change in the fireworks display location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper
Mississippi River (COTP) has determined that potential hazards
associated with a fireworks display on July 3, 2019 will be a safety
concern for anyone on the Upper Mississippi River between Mile Marker
(MM) 483 and MM 484. This rule resulted from a sudden change in the
launch site for the fireworks display from the location published in 33
CFR 165.801 Table 2, line 19, Davenport One Chamber, Red White and
Boom. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone before,
during, and after the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. until 10:30 p.m. on
July 3, 2019. The safety zone will cover all navigable waters of the
Upper Mississippi River between MM 483 and 484. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters before, during, and after an
annual fireworks display. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The COTP or a designated representative will
inform the public of the enforcement date and times for this safety
zone, as well as any emergent safety concerns that may delay the
enforcement of the zone through Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNMs), and/or actual notice.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the duration and
location of the temporary safety zone. This action involves an annually
recurring fireworks display that is only changing location to a site
approximately one-half mile up-river due to recent flooding in the area
and only impacts a one-mile stretch of the Upper Mississippi River for
a short amount of time. All other details of this event remain as
published in 33 CFR 165.801 Table 2, line 19, Davenport One Chamber,
Red White and Boom.

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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture

Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting one and one-half
hours that will prohibit entry on the Upper Mississippi River between
MM 483 and MM 484. It is categorically excluded from further review
under paragraph L60(d) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 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.T08-0513 to read as follows:

Sec.  165.T08-0513   Safety Zone; Upper Mississippi River, Miles 483 to
483, Rock Island, IL.

    (a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River between Mile Marker (MM) 483 and
MM 484.
    (b) Period of enforcement. This section will be enforced from 9
p.m. through 10:30 p.m. on July 3, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, persons and vessels are prohibited from entering the
safety zone unless authorized by the Captain of the Port Sector Upper
Mississippi River (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Upper Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Broadcast Notice to Mariners
(BNM), Local Notices to Mariners (LNMs), and/or actual notice.

    Dated: June 25, 2019.
R.M. Scott,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper
Mississippi River.
[FR Doc. 2019-13947 Filed 6-28-19; 8:45 am]
 BILLING CODE 9110-04-P


John McKnight < jmcknight@ nmma. org> Received Date: 01/ 28/ 2005 02: 12: 43 PM To: Alan Stout/ AA/ USEPA/ US@ EPA cc: Subject: RE: redrafted tech amendments Alan:

If we could get this included in these technical amendments it would be a great help. Our engine manufacturing people tell us it can be a marketing nightmare. A new boat might have an engine that has an EPA label that says it last years engine. The engines don't have model years like boats and cars, so they do not line up with the boat model years.

At the boat show you might see a 2005 Grady White that has a label that says it has an EPA model year 2004 engine. The consumer wants a 2005 engine on his new 2005 boat. In reality it is a new engine, it's the EPA label that causes the problem.

We will still have the date of birth on the manufacturers tag and state that the engine meets EPA requirements, just not the " model year"

Thanks John McKnight, Director Environmental & Safety Compliance National Marine Manufacturers Association 444 North Capitol St. NW Suite 645 Washington DC 20001 202 737 9757 c 202 257 3754 f 202 628 4716 jmcknight@ nmma. org  Original Message From: Stout. Alan@ epamail. epa. gov [ mailto: Stout. Alan@ epamail. epa. gov] Sent: Friday, January 28, 2005 2: 06 PM To: John McKnight Subject: RE: redrafted tech amendments John, We're still thinking about that one, so I didn't want to presume a resolution yet. I'll try to get a clearer answer soon and let you know how things stand.

Alan John McKnight < jmcknight@ nmma. o To: Alan Stout/ AA/ USEPA/ US@ EPA Subject: RE: redrafted tech amendments Received Date: 01/ 28/ 2005 02: 00: 30 PM Alan:

Thanks. I noticed that there was no proposed change to 91.113 ( e) model year elimination. We were hoping to get this fixed during these technical amendments. We spoke to the certification group last May regarding this change and they didn't object.

It creates problems for our OB manufacturers that sell engines to boat builders. Are you aware of the problem?

John McKnight, Director Environmental & Safety Compliance National Marine Manufacturers Association 444 North Capitol St. NW Suite 645 Washington DC 20001 202 737 9757 c 202 257 3754 f 202 628 4716 jmcknight@ nmma. org  Original Message From: Stout. Alan@ epamail. epa. gov [ mailto: Stout. Alan@ epamail. epa. gov] Sent: Friday, January 28, 2005 1: 16 PM To: John McKnight Subject: redrafted tech amendments John, We have prepared a new version of draft regulatory language for the tech amendments for public review. The link below connects you to the appropriate electronic docket. The new file is listed under document # 58.

This file contains a redline version of the regulatory text for our tech amendments, showing what has changed since the proposal. We are preparing the package for going final over the next few months, but we wanted to give everyone a chance to see the writeup one more time. There is no comment period associated with this notice; however, if you feel you need to follow up, you can contact us to communicate any remaining concerns you might have.

Alan ___________________

http:// docket. epa. gov/ edkpub/ do/ EDKStaffCollectionDetailView? objectId= 0b 0007d48024575d