[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Notices]
[Page 40888-40890]
[DOCID:fr16jy08-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58122; File No. SR-DTC-2007-07]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Amend the Applicant
Disqualification Criteria Contained in Its Rules

July 9, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on April 30, 2007, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission''), and on
February 7, 2008, and March 18, 2008, amended, the proposed rule change
described in Items I, II, and III below, which items have been prepared
primarily by DTC. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change seeks to amend the applicant
disqualification criteria contained in DTC's rules in an effort to
harmonize them with similar rules of DTC's affiliates, National
Securities Clearing Corporation

(``NSCC'') and Fixed Income Clearing Corporation (``FICC'').

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

(1) Statutory Disqualification
    DTC Rule 2 sets forth the basic standards for the admission of DTC
Participants and defines certain criteria that may disqualify an
applicant from participation. While the factors that may disqualify an
applicant are generally consistent among DTC, FICC, and NSCC rules,
DTC's rules do not specifically reference an order of statutory
disqualification as defined in Section 3(a)(39) of the Act \4\ among
its disqualification criteria.\5\ To promote uniformity among the rules
of DTC and its affiliates, DTC is proposing to add such a provision to
its rules.
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    \4\ 15 U.S.C. 78c(a)(39).
    \5\ As a clearing agency registered under the Act, DTC must
evaluate those members subject to an order of statutory
disqualification as defined in the Act.
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(2) Associated Persons
    DTC rules include applicant disqualification criteria for persons
and/or entities ``associated'' with the applicant firm. Because it is
not easily ascertainable as to what entities or individuals are
``associated'' with a particular entity, DTC is proposing to amend
these provisions in its rules so that they are consistent with internal
surveillance procedures. DTC proposes to change references to persons
``associated'' with the applicant to references to ``controlling
management,'' which shall be defined to mean the Chief Executive
Officer, Chief Financial Officer, and Chief Operating Officer, or their
equivalents. These are the officers that are currently screened by
DTC's risk management pursuant to internal procedures. Finally, DTC
proposes to add language to its rules that would require applicants to
inform DTC as to any member of its controlling management that is or
becomes subject to statutory disqualification.
(3) Amendment to Willful Violation
    DTC rules currently include as a disqualification criterion the
applicant's or an associated person's ``willful'' violation of the
Securities Act of 1933,\6\ the Act, the Investment Company Act of
1940,\7\ the Investment Advisors Act of 1940,\8\ or any rule or
regulation promulgated thereunder. DTC proposes to remove the word
``willful'' from this provision because DTC believes that any violation
of these provisions should be a disqualification criterion.
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    \6\ 15 U.S.C. 77a et seq.
    \7\ 15 U.S.C. 80a-1 et seq.
    \8\ 15 U.S.C. 80b-1 et seq.
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    Changes similar to those outlined in sections (1), (2), and (3)
above will be made to DTC Rule 10, ``Discretionary Termination.''
    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \9\ and the rules and
regulations thereunder because the proposed changes provide
transparency with respect to the applicant and member disqualification
criteria in DTC rules and uniformity with NSCC and FICC rules and
thereby promote the prompt and accurate clearance and settlement of
securities transactions.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. DTC will notify the Commission of any written
comments received by DTC.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2007-07 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-DTC-2007-07. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://www.dtcc.com/downloads/legal/rule_filings/2007/dtc/
2007-07.pdf, http://www.dtcc.com/downloads/legal/rule_filings/2007/
dtc/2007-07-amendment.pdf, and http://www.dtcc.com/downloads/legal/
rule_filings/2007/dtc/2007-07-amendment2.pdf. 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-DTC-
2007-07 and should be submitted on or before August 6, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary. 6
[FR Doc. E8-16227 Filed 7-15-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7612-7613]
[FR Doc No: 2021-01946]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0017]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on January 15, 2021, the
Burlington Junction Railway (BJRY) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR part
223, Safety Glazing Standards. FRA assigned the petition Docket Number
FRA-2010-0017.
    Specifically, BJRY, a Class III railroad, seeks to renew its waiver
of compliance from 49 CFR 223.11, Requirements for existing
locomotives, for one 60-ton, 500 horsepower diesel-electric locomotive
numbered BJRY 3238. This locomotive was built for the United States
Army by Baldwin Locomotive Works in November 1953.
    BJRY operates this locomotive in terminal/switching service at
Rochelle, Illinois, where BJRY interchanges with both Union Pacific
Railroad Company and BNSF Railway Company. BJRY 3238 operates on other-
than-main track at speeds not exceeding 10 miles per hour. The
locomotive is equipped with safety laminate glass (AS-1, AS-2) and is
serviced and maintained by BJRY at Rochelle, Illinois.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.

    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 15, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-01946 Filed 1-28-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Page 70692]
[FR Doc No: 2023-22619]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission will hold an Open Meeting on Friday,
October 13, 2023 at 9:30 a.m. (ET).

PLACE: The meeting will be webcast on the Commission's website at
www.sec.gov.

STATUS: This meeting will begin at 9:30 a.m. (ET) and will be open to
the public via webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED:
    1. The Commission will consider whether to adopt a rule under the
Securities Exchange Act of 1934 (``Exchange Act'') to increase the
transparency and efficiency of the securities lending market.
    2. The Commission will consider whether to adopt a rule under the
Exchange Act that is designed to provide greater transparency to
investors and other market participants by increasing the public
availability of short sale-related data and whether to approve a
proposed amendment to the national market system plan governing the
consolidated audit trail (``CAT'') created pursuant to the Exchange Act
to require a CAT reporting firm that is reporting short sales to
indicate whether such firm is asserting use of the bona fide market
making exception under Rule 203(b) of Regulation SHO.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

(Authority: 5 U.S.C. 552b)

    Dated: October 6, 2023.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2023-22619 Filed 10-10-23; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8559-8561]
[FR Doc No: 2018-03890]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82751; File No. SR-FINRA-2018-005]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Revise the Research Analyst (Series 86 and 87)
Examinations

February 21, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 9, 2018, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``constituting a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule'' under Section
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing revisions to the content outline and selection
specifications for the Research Analyst (Series 86 and 87) examinations
as part of the restructuring of the representative-level examination
program.\5\ The proposed revisions also update the material to reflect
changes to the laws, rules and regulations covered by the examinations
and to incorporate the functions and associated tasks currently
performed by a Research Analyst. In addition, FINRA is proposing to
make changes to the format of the content outline. FINRA is not
proposing any textual changes to the By-Laws, Schedules to the By-Laws
or Rules of FINRA.
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    \5\ FINRA also is proposing corresponding revisions to the
Series 86 and 87 question banks. Based on instruction from SEC
staff, FINRA is submitting this filing for immediate effectiveness
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(1)
thereunder, and is not filing the question banks. See Letter to
Alden S. Adkins, Senior Vice President and General Counsel, NASD
Regulation, from Belinda Blaine, Associate Director, Division of
Market Regulation, SEC, dated July 24, 2000. The question banks are
available for SEC review.
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    The revised Series 86 and 87 content outline is attached.\6\ The
revised Series 86 and 87 selection specifications have been submitted
to the Commission under separate cover with a request for confidential
treatment pursuant to SEA Rule 24b-2.\7\
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    \6\ The Commission notes that the content outline is attached to
the filing, not to this Notice.
    \7\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room. [sic]

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
    Section 15A(g)(3) of the Act \8\ authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. In accordance with that provision, FINRA
has developed examinations that are designed to establish that persons
associated with FINRA members have attained specified levels of
competence and knowledge, consistent with applicable registration
requirements under FINRA rules. FINRA periodically reviews the content
of the examinations to determine whether revisions are necessary or
appropriate in view of changes pertaining to the subject matter covered
by the examinations.
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    \8\ 15 U.S.C. 78o-3(g)(3).
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    The SEC recently approved a proposed rule change to restructure the
FINRA representative-level qualification examination program.\9\ The
rule change, which will become effective on October 1, 2018,\10\
restructures the examination program into a new format whereby all new
representative-level applicants will be required to take a general
knowledge examination (the Securities Industry Essentials or SIE
TM) and a tailored, specialized knowledge examination (a
revised representative-level qualification examination) for their
particular registered role.
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    \9\ See Securities Exchange Act Release No. 81098 (July 7,
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
    \10\ See Regulatory Notice 17-30 (SEC Approves Consolidated
FINRA Registration Rules, Restructured Representative-Level
Qualification Examinations and Changes to Continuing Education
Requirements) (October 2017).
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    The restructured program eliminates duplicative testing of general
securities knowledge on the current representative-level qualification
examinations by moving such content into the SIE examination.\11\ The
SIE examination will test fundamental securities-related knowledge,
including knowledge of basic products, the structure and function of
the securities industry, the regulatory agencies and their functions
and regulated and prohibited practices, whereas the revised
representative-level qualification examinations will test knowledge
relevant to day-to-day activities, responsibilities and job functions
of representatives.\12\
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    \11\ Each of the current representative-level examinations
covers general securities knowledge, with the exception of the
Research Analyst (Series 86 and 87) examinations.
    \12\ FINRA filed the SIE content outline with the SEC for
immediate effectiveness. See Securities Exchange Act Release No.
82578 (January 24, 2018), 83 FR 4375 (January 30, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-002).
In addition to the proposed rule change relating to the revised
Series 86 and 87 examinations, FINRA will file with the Commission
for immediate effectiveness the content outlines for the other
revised representative-level qualification examinations.
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    Currently, an individual registering as an equity Research Analyst
must satisfy the General Securities Representative co-requisite
registration and pass the Research Analyst (Series 86 and 87)
examinations. The purpose of the current co-requisite is to ensure that
Research Analysts have general securities knowledge, because the Series
86 and 87 examinations do not cover such knowledge. As part of the
restructuring process, FINRA has eliminated the requirement that
individuals registering as Research Analysts satisfy the General
Securities Representative co-requisite registration. Instead,
individuals registering as Research Analysts will be required to pass
the SIE examination, which will

cover general securities knowledge, as a co-requisite.
    Further, FINRA, in consultation with a committee of industry
representatives, undertook a review of the Research Analyst (Series 86
and 87) examinations to revise the Series 86 and 87 content outline to
reflect changes to the laws, rules and regulations covered by the
examinations and to incorporate the functions and associated tasks
currently performed by a Research Analyst. The proposed change will
align the organization of the Series 86 and 87 content outline with the
organization of the content outlines of the other revised
representative-level examinations.\13\ FINRA also is proposing to make
other changes to the format of the Series 86 and 87 content outline.
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    \13\ FINRA currently has organized several FINRA qualification
examinations, such as the Securities Trader (Series 57) examination,
based on the functions that are performed by the respective
registered persons and the associated tasks. FINRA is proposing
similar layouts for all of the representative-level examinations,
including the Series 86 and 87 examinations.
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    Beginning on October 1, 2018, new applicants seeking to register as
Research Analysts must pass the SIE examination as well as the revised
Research Analyst (Series 86 and 87) examinations.
Current Content Outline
    The Series 86 examination contains the analysis portion of the
Research Analyst examinations and tests knowledge of fundamental
analysis and valuation of equity securities. The Series 87 examination
contains the regulatory portion of the Research Analyst examinations
and tests knowledge of applicable rules and regulations pertaining to
equity research. The current Series 86 and 87 content outline is
divided into four sections. The Series 86 covers two sections and the
Series 87 covers the other two sections. The following are the four
sections, denoted Section 1 through Section 4, with the associated
number of questions:
Series 86
    1. Information and Data Collection, 10 questions;
    2. Analysis, Modeling and Valuation, 90 questions;
Series 87
    3. Preparation of Research Reports, 32 questions; and
    4. Dissemination of Information, 18 questions.

    In addition, each section includes references to the applicable
laws, rules and regulations associated with that section. The current
content outline also includes a preface (addressing, among other
things, the purpose, administration and scoring of the examination),
sample questions and reference materials.
Revised Content Outline
    FINRA is proposing to update the content outline to reflect changes
to the laws, rules and regulations covered by the examinations and to
incorporate the functions and associated tasks currently performed by a
Research Analyst. However, FINRA is not proposing to adjust the number
of questions on the examinations or to adjust the number of questions
assigned to each section on the current outline. Further, the proposed
functions match the sections on the current outline. The following are
the four major job functions, denoted Function 1 through Function 4,
with the associated number of questions:
Series 86
    Function 1: Information and Data Collection, 10 questions;
    Function 2: Analysis, Modeling and Valuation, 90 questions;
Series 87
    Function 3: Preparation of Research Reports, 32 questions; and
    Function 4: Dissemination of Information, 18 questions.

    Each function also includes specific tasks describing activities
associated with performing that function. There are four tasks (1.1-
1.4) associated with Function 1; \14\ four tasks (2.1-2.4) associated
with Function 2;\15\ four tasks (3.1-3.4) associated with Function 3;
\16\ and five tasks (4.1-4.5) associated with Function 4.\17\ For
example, one such task (Task 1.1) is gathering macroeconomic data.\18\
Further, the content outline lists the knowledge required to perform
each function and associated tasks (e.g., short- and long-term trends
in the economy, demographic information, domestic and international
issues). In addition, where applicable, the content outline lists the
laws, rules and regulations a candidate is expected to know to perform
each function and associated tasks (e.g., FINRA Rule 2241 (Research
Analysts and Research Reports)).
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    \14\ See Exhibit 3a, Outline Page 3. The outline is attached as
Exhibit 3a to the 19b-4 form.
    \15\ See Exhibit 3a, Outline Pages 4-6.
    \16\ See Exhibit 3a, Outline Pages 7-8.
    \17\ See Exhibit 3a, Outline Pages 9-10.
    \18\ See Exhibit 3a, Outline Page 3.
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    As noted above, FINRA also is proposing to revise the content
outline to reflect changes to the laws, rules and regulations covered
by the examination. Among other revisions, FINRA is proposing to revise
the content outline to reflect the adoption of rules in the
consolidated FINRA rulebook (e.g., NASD Rule 2711 (Research Analysts
and Research Reports) was adopted as FINRA Rule 2241 (Research Analysts
and Research Reports)).\19\
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    \19\ See Rule Conversion Chart, available at http://www.finra.org/industry/finra-rule-consolidation.
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    FINRA is proposing similar changes to the Series 86 and 87
selection specifications and question banks.
    Finally, FINRA is proposing to make other changes to the format of
the content outline, including to the preface, sample questions and
reference materials.\20\ Among other changes, FINRA is proposing to:
(1) Reduce the preface to one page of introductory information; (2)
streamline details regarding the purpose of the examinations; (3) move
the application procedures to FINRA's website; and (4) explain that the
passing score is established using a standard setting procedure, and
that a statistical adjustment process known as equating is used in
scoring the examinations.\21\
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    \20\ FINRA is proposing similar changes to the content outlines
for other representative-level examinations.
    \21\ See Exhibit 3a, Outline Page 2.
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    The number of scored questions on the Series 86 examination will
remain at 100 questions,\22\ and candidates will continue to have four
hours and 30 minutes to complete the examination. The number of scored
questions on the Series 87 examination will remain at 50 questions,\23\
and candidates will continue to have one hour and 45 minutes to
complete the examination. Currently, a score of 73 percent is required
to pass the Series 86 examination and a score of 74 percent is required
to pass the Series 87 examination. The passing score for each
examination will also remain the same.
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    \22\ Consistent with FINRA's practice of including ``pretest''
questions on examinations, the Series 86 examination includes 10
additional, unidentified pretest questions that do not contribute
towards the candidate's score. The pretest questions are designed to
ensure that new examination questions meet acceptable testing
standards prior to use for scoring purposes. Therefore, the Series
86 examination actually consists of 110 questions, 100 of which are
scored. The 10 pretest questions are randomly distributed throughout
the examination.
    \23\ The Series 87 examination includes five additional pretest
questions. Therefore, the Series 87 examination actually consists of
55 questions, 50 of which are scored. The five pretest questions are
randomly distributed throughout the examination.
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Availability of Content Outline
    The current Series 86 and 87 content outline is available on
FINRA's website, at www.finra.org. The revised Series 86

and 87 content outline will replace the current content outline on
FINRA's website, and it will be made available on the website on the
date of this filing.
    FINRA is filing the proposed rule change for immediate
effectiveness. The implementation date will be October 1, 2018, to
coincide with the implementation of the restructured representative-
level examination program. FINRA will also announce the implementation
date of the proposed rule change in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed revisions to the Series 86 and 87
examinations are consistent with the provisions of Section 15A(b)(6) of
the Act,\24\ 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, and Section 15A(g)(3) of the
Act,\25\ which authorizes FINRA to prescribe standards of training,
experience, and competence for persons associated with FINRA members.
FINRA believes that the proposed revisions will further these purposes
by updating the examination program to reflect changes to the laws,
rules and regulations covered by the examinations and to incorporate
the functions and associated tasks currently performed by a Research
Analyst.
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    \24\ 15 U.S.C. 78o-3(b)(6).
    \25\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------

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. The updated examinations align
with the functions and associated tasks currently performed by a
Research Analyst and tests knowledge of the most current laws, rules,
regulations and skills relevant to those functions and associated
tasks. As such, the proposed revisions would make the examinations more
effective. FINRA also provided a detailed economic impact assessment
regarding the introduction of the SIE examination and the restructuring
of the representative-level examinations as part of the proposed rule
change to restructure the FINRA representative-level qualification
examination program.\26\
---------------------------------------------------------------------------

    \26\ See Securities Exchange Act Release No. 80371 (April 4,
2017), 82 FR 17336 (April 10, 2017) (Notice of Filing of File No.
SR-FINRA-2017-007).
---------------------------------------------------------------------------

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \27\ and paragraph (f)(1) of Rule 19b-4
thereunder.\28\ 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.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-FINRA-2018-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-005. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of 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 SR-FINRA-2018-005 and should be submitted
on or before March 20, 2018.
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30b-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03890 Filed 2-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64135-64138]
[FR Doc No: 2018-26937]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1871]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The LOMR will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository

address listed in the table below. Additionally, the current effective
FIRM and FIS report for each community are accessible online through
the FEMA Map Service Center at https://msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                           Online location of
        State and county           Location and case        officer of         Community map         letter of map            Date of         Community
                                          No.               community            repository             revision            modification         No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado:
    Adams.......................  City of Westminster  The Honorable Herb   City Hall, 4800      https://msc.fema.gov/  Feb. 14, 2019......       080008
                                   (18-08-0635P).       Atchison, Mayor,     West 92nd Avenue,    portal/advanceSearch.
                                                        City of              Westminster, CO
                                                        Westminster, 4800    80031.
                                                        West 92nd Avenue,
                                                        Westminster, CO
                                                        80031.
    Adams.......................  Unincorporated       The Honorable Mary   Adams County,        https://msc.fema.gov/  Feb. 14, 2019......       080001
                                   areas of Adams       Hodge, Chair,        Development          portal/advanceSearch.
                                   County (18-08-       Adams County Board   Engineering
                                   0635P).              of Commissioners,    Services
                                                        4430 South Adams     Department, 4430
                                                        County Parkway,      South Adams County
                                                        5th Floor, Suite     Parkway, Brighton,
                                                        C5000A, Brighton,    CO 80601.
                                                        CO 80601.
    Boulder.....................  City of Boulder (18- The Honorable        Central Records      https://msc.fema.gov/  Mar. 5, 2019.......       080024
                                   08-1141P).           Suzanne Jones,       Department, 1777     portal/advanceSearch.
                                                        Mayor, City of       Broadway Street,
                                                        Boulder, 1777        Boulder, CO 80306.
                                                        Broadway Street,
                                                        Boulder, CO 80306.
    Garfield....................  City of Rifle (18-   Mr. Scott Hahn,      City Hall, 202       https://msc.fema.gov/  Feb. 8, 2019.......       085078
                                   08-0695P).           Manager, City of     Railroad Avenue,     portal/advanceSearch.
                                                        Rifle, 202           Rifle, CO 81650.
                                                        Railroad Avenue,
                                                        Rifle, CO 81650.
    Garfield....................  Unincorporated       The Honorable John   Garfield County      https://msc.fema.gov/  Feb. 8, 2019.......       080205
                                   areas of Garfield    Martin, Chairman,    Courthouse, 108      portal/advanceSearch.
                                   County (18-08-       Garfield County      8th Street,
                                   0695P).              Board of             Glenwood Springs,
                                                        Commissioners, 108   CO 81601.
                                                        8th Street, Suite
                                                        101, Glenwood
                                                        Springs, CO 81601.
    Larimer.....................  City of Fort         The Honorable Wade   Stormwater           https://msc.fema.gov/  Feb. 21, 2019......       080102
                                   Collins (17-08-      Troxell, Mayor,      Utilities            portal/advanceSearch.
                                   1354P).              City of Fort         Department, 700
                                                        Collins, 300         Wood Street, Fort
                                                        LaPorte Avenue,      Collins, CO 80521.
                                                        Fort Collins, CO
                                                        80521.
    Larimer.....................  Town of Timnath (17- The Honorable Jill   Town Hall, 4800      https://msc.fema.gov/  Feb. 21, 2019......       080005
                                   08-1354P).           Grossman-Belisle,    Goodman Street,      portal/advanceSearch.
                                                        Mayor, Town of       Timnath, CO 80547.
                                                        Timnath, 4800
                                                        Goodman Street,
                                                        Timnath, CO 80547.
    Larimer.....................  Unincorporated       The Honorable Steve  Larimer County       https://msc.fema.gov/  Feb. 21, 2019......       080101
                                   areas of Larimer     Johnson, Chairman,   Engineering          portal/advanceSearch.
                                   County (17-08-       Larimer County       Department, 200
                                   1354P).              Board of             West Oak Street,
                                                        Commissioners,       Suite 3000, Fort
                                                        P.O. Box 1190,       Collins, CO 80521.
                                                        Fort Collins, CO
                                                        80522.
Connecticut:

    Fairfield...................  City of Norwalk (18- The Honorable Harry  Planning and Zoning  https://msc.fema.gov/  Feb. 21, 2019......       090012
                                   01-1147P).           W. Rilling, Mayor,   Department, 125      portal/advanceSearch.
                                                        City of Norwalk,     East Avenue,
                                                        125 East Avenue,     Norwalk, CT 06851.
                                                        Norwalk, CT 06851.
Florida:
    Broward.....................  City of Parkland     The Honorable        City Hall, 6600      https://msc.fema.gov/  Mar. 5, 2019.......       120051
                                   (18-04-4986P).       Christine            University Drive,    portal/advanceSearch.
                                                        Hunschofsky,         Parkland, FL 33067.
                                                        Mayor, City of
                                                        Parkland, 6600
                                                        University Drive,
                                                        Parkland, FL 33067.
     Lee........................  City of Sanibel (18- The Honorable Kevin  Planning and Code    https://msc.fema.gov/  Feb. 19, 2019......       120402
                                   04-3740P).           Ruane, Mayor, City   Enforcement          portal/advanceSearch.
                                                        of Sanibel, 800      Department, 800
                                                        Dunlop Road,         Dunlop Road,
                                                        Sanibel, FL 33957.   Sanibel, FL 33957.
     Monroe.....................  Unincorporated       The Honorable David  Monroe County        https://msc.fema.gov/  Feb. 22, 2019......       125129
                                   areas of Monroe      Rice, Mayor,         Building             portal/advanceSearch.
                                   County (18-04-       Monroe County        Department, 9400
                                   6042P).              Board of             Overseas Highway,
                                                        Commissioners,       Suite 300,
                                                        9400 Overseas        Marathon, FL 33050.
                                                        Highway, Suite
                                                        210, Marathon, FL
                                                        33050.
     Monroe.....................  Unincorporated       The Honorable David  Monroe County        https://msc.fema.gov/  Mar. 6, 2019.......       125129
                                   areas of Monroe      Rice, Mayor,         Building             portal/advanceSearch.
                                   County (18-04-       Monroe County        Department, 9400
                                   6309P).              Board of             Overseas Highway,
                                                        Commissioners,       Suite 300,
                                                        9400 Overseas        Marathon, FL 33050.
                                                        Highway, Suite
                                                        210, Marathon, FL
                                                        33050.
     Pasco......................  Unincorporated       The Honorable Mike   Pasco County         https://msc.fema.gov/  Feb. 28, 2019......       120230
                                   areas of Pasco       L. Wells,            Building and         portal/advanceSearch.
                                   County (17-04-       Chairman, Pasco      Construction
                                   7747P).              County Board of      Services
                                                        Commissioners,       Department, 8731
                                                        8731 Citizens        Citizens Drive,
                                                        Drive, Suite 100,    New Port Richey,
                                                        New Port Richey,     FL 34654.
                                                        FL 34654.
     Polk.......................  Unincorporated       The Honorable R.     Polk County          https://msc.fema.gov/  Feb. 28, 2019......       120261
                                   areas of Polk        Todd Dantzler,       Administration       portal/advanceSearch.
                                   County (18-04-       Chairman, Polk       Building, 330 West
                                   5171P).              County Board of      Church Street,
                                                        Commissioners,       Bartow, FL 33831.
                                                        P.O. Box 9005,
                                                        Bartow, FL 33831.
     Sarasota...................  Unincorporated       The Honorable Nancy  Sarasota County      https://msc.fema.gov/  Mar. 8, 2019.......       125144
                                   areas of Sarasota    Detert, Chair,       Planning and         portal/advanceSearch.
                                   County (18-04-       Sarasota County      Development
                                   6698P).              Board of             Services
                                                        Commissioners,       Department, 1001
                                                        1660 Ringling        Sarasota Center
                                                        Boulevard,           Boulevard,
                                                        Sarasota, FL 34236.  Sarasota, FL 34236.
Maryland: Somerset..............  Unincorporated       The Honorable Randy  Somerset County      https://msc.fema.gov/  Feb. 28, 2019......       240061
                                   areas of Somerset    Laird, President,    Department of        portal/advanceSearch.
                                   County (18-03-       Somerset County      Technical and
                                   1921P).              Commission, 11916    Community
                                                        Somerset Avenue,     Services, 11916
                                                        Room 111, Princess   Somerset Avenue,
                                                        Anne, MD 21853.      Room 211, Princess
                                                                             Anne, MD 21853.
New Hampshire: Hillsborough.....  City of Manchester   The Honorable Joyce  Planning             https://msc.fema.gov/  Feb. 14, 2019......       330169
                                   (18-01-0929P).       Craig, Mayor, City   Department, One      portal/advanceSearch.
                                                        of Manchester, One   City Hall Plaza,
                                                        City Hall Plaza,     Manchester, NH
                                                        Manchester, NH       03101.
                                                        03101.
North Carolina: Montgomery......  Unincorporated       The Honorable        Montgomery County    https://msc.fema.gov/  Nov. 23, 2019......       370336
                                   areas of             Jackie Morris,       Inspections and      portal/advanceSearch.
                                   Montgomery County    Chairman,            Zoning Department,
                                   (18-04-1965P).       Montgomery County    219 South Main
                                                        Board of             Street, Troy, NC
                                                        Commissioners, 102   27371.
                                                        East Spring
                                                        Street, Troy, NC
                                                        27371.
South Dakota: Lawrence..........  City of Spearfish    The Honorable Dana   City Hall, 625 5th   https://msc.fema.gov/  Feb. 25, 2019......       460046
                                   (18-08-0274P).       Boke, Mayor, City    Street, Spearfish,   portal/advanceSearch.
                                                        of Spearfish, 625    SD 57783.
                                                        5th Street,
                                                        Spearfish, SD
                                                        57783.
Texas:
    Bexar.......................  City of San Antonio  The Honorable Ron    Transportation and   https://msc.fema.gov/  Feb. 4, 2019.......       480045
                                   (18-06-0893P).       Nirenberg, Mayor,    Capital              portal/advanceSearch.
                                                        City of San          Improvements
                                                        Antonio, P.O. Box    Department,
                                                        839966, San          Stormwater
                                                        Antonio, TX 78283.   Division, 1901
                                                                             South Alamo
                                                                             Street, 2nd Floor,
                                                                             San Antonio, TX
                                                                             78204.

     Bexar......................  City of San Antonio  The Honorable Ron    Transportation and   https://msc.fema.gov/  Mar. 4, 2019.......       480045
                                   (18-06-1813P).       Nirenberg, Mayor,    Capital              portal/advanceSearch.
                                                        City of San          Improvements
                                                        Antonio, P.O. Box    Department,
                                                        839966, San          Stormwater
                                                        Antonio, TX 78283.   Division, 1901
                                                                             South Alamo
                                                                             Street, 2nd Floor,
                                                                             San Antonio, TX
                                                                             78204.
     Denton.....................  City of Denton (18-  The Honorable Chris  Engineering          https://msc.fema.gov/  Feb. 25, 2019......       480194
                                   06-2351P).           A. Watts, Mayor,     Services             portal/advanceSearch.
                                                        City of Denton,      Department, 901-A
                                                        215 East McKinney    Texas Street,
                                                        Street, Suite 100,   Denton, TX 76509.
                                                        Denton, TX 76201.
     Denton.....................  City of The Colony   The Honorable Joe    Engineering          https://msc.fema.gov/  Feb. 19, 2019......       481581
                                   (18-06-1146P).       McCourry, Mayor,     Department, 6800     portal/advanceSearch.
                                                        City of The          Main Street, The
                                                        Colony, 6800 Main    Colony, TX 75056.
                                                        Street, The
                                                        Colony, TX 75056.
     Denton.....................  Town of Flower       The Honorable Steve  Town Hall, 2121      https://msc.fema.gov/  Feb. 19, 2019......       480777
                                   Mound (18-06-        Dixon, Mayor, Town   Cross Timbers        portal/advanceSearch.
                                   2274P).              of Flower Mound,     Road, Flower
                                                        2121 Cross Timbers   Mound, TX 75028.
                                                        Road, Flower
                                                        Mound, TX 75028.
     Harris.....................  Unincorporated       The Honorable        Harris County        https://msc.fema.gov/  Feb 4, 2019........       480287
                                   areas of Harris      Edward M. Emmett,    Permit Department,   portal/advanceSearch.
                                   County (18-06-       Harris County        10555 Northwest
                                   2182P).              Judge, 1001          Freeway, Suite
                                                        Preston Street,      120, Houston, TX
                                                        Suite 911,           77092.
                                                        Houston, TX 77002.
     Tarrant....................  City of Saginaw (18- The Honorable Todd   Department of        https://msc.fema.gov/  Mar. 22, 2019......       480610
                                   06-0438P).           Flippo, Mayor,       Public Works, 205    portal/advanceSearch.
                                                        City of Saginaw,     Brenda Lane,
                                                        333 West McLeroy     Saginaw, TX 76179.
                                                        Boulevard,
                                                        Saginaw, TX 76179.
     Taylor.....................  City of Abilene (18- The Honorable        City Hall, 555       https://msc.fema.gov/  Feb. 25, 2019......       485450
                                   06-0761P).           Anthony Williams,    Walnut Street,       portal/advanceSearch.
                                                        Mayor, City of       Abilene, TX 79601.
                                                        Abilene, P.O. Box
                                                        60, Abilene, TX
                                                        79604.
     Travis.....................  City of Austin (18-  Mr. Spencer Cronk,   Watershed            https://msc.fema.gov/  Feb. 25, 2019......       480624
                                   06-1298P).           Manager, City of     Protection           portal/advanceSearch.
                                                        Austin, P.O. Box     Department, 505
                                                        1088, Austin, TX     Barton Springs
                                                        78767.               Road, 12th Floor,
                                                                             Austin, TX 78704.
     Travis.....................  Unincorporated       The Honorable Sarah  Travis County        https://msc.fema.gov/  Feb. 25, 2019......       481026
                                   areas of Travis      Eckhardt, Travis     Transportation and   portal/advanceSearch.
                                   County (18-06-       County Judge, P.O.   Natural Resources
                                   1298P).              Box 1748, Austin,    Department, 700
                                                        TX 78767.            Lavaca Street, 5th
                                                                             Floor, Austin, TX
                                                                             78767.
Virginia:
    Chesterfield................  Unincorporated       Mr. Joseph P.        Chesterfield County  https://msc.fema.gov/  Feb. 26, 2019......       510035
                                   areas of             Casey,               Department of        portal/advanceSearch.
                                   Chesterfield         Administrator,       Environmental
                                   County (18-03-       Chesterfield         Engineering, 9800
                                   1312P).              County, P.O. Box     Government Center
                                                        40, Chesterfield,    Parkway,
                                                        VA 23832.            Chesterfield, VA
                                                                             23832.
    Independent City............  City of              The Honorable        Department of        https://msc.fema.gov/  Feb. 14, 2019......       510076
                                   Harrisonburg (18-    Deanna R. Reed,      Planning and         portal/advanceSearch.
                                   03-1944P).           Mayor, City of       Community
                                                        Harrisonburg, 409    Development, 409
                                                        South Main Street,   South Main Street,
                                                        Harrisonburg, VA     Harrisonburg, VA
                                                        22801.               22801.
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[FR Doc. 2018-26937 Filed 12-12-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24030-24033]
[FR Doc No: 2017-10407]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9550; Directorate Identifier 2016-CE-026-AD;
Amendment 39-18894; AD 2017-10-20]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Piper Aircraft, Inc. Models PA-31, PA-31-300, PA-31-325, and PA-31-350
airplanes. This AD was prompted by fatigue cracking in the fuselage
station (FS) 332.00 bulkhead common to the horizontal stabilizer front
spar attachment. This AD requires repetitive inspections to detect
cracks in the bulkhead and any necessary repairs. This AD also provides
an optional modification if no cracks are found that will greatly
reduce the likelihood of the specified cracks. We are issuing this AD
to correct the unsafe condition on these products.

DATES: This AD is effective June 29, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 29,
2017.

ADDRESSES: For service information identified in this final rule,
contact Piper Aircraft, Inc., Customer Service, 2926 Piper Drive, Vero
Beach, Florida 32960; telephone:<PHONE_NUMBER>; fax: none; email:
<EMAIL_ADDRESS>Internet: www.piper.com. You may view this
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9550.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9550; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory

evaluation, any comments received, and other information. The address
for the Docket Office (phone:<PHONE_NUMBER>) is Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gregory ``Keith'' Noles, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5606; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Piper Aircraft,
Inc. Models PA-31, PA-31-300, PA-31-325, and PA-31-350 airplanes. The
NPRM published in the Federal Register on January 3, 2017 (82 FR 48).
The NPRM was prompted by reports of fatigue cracking in the FS 332.00
bulkhead common to the horizontal stabilizer front spar attachment on
Piper Aircraft, Inc. PA-31 airplanes. Cracks in the bulkhead could
compromise the structural component's capability to carry flight loads,
increasing the potential to overload and fail adjacent structure. The
NPRM proposed to provide an optional modification if no cracks are
found that will greatly reduce the likelihood of the specified cracks.
We are issuing this AD to detect and repair cracks in the bulkhead that
could lead to structural failure and result in loss of control.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request Change to Labor Estimates

    Joe M. Miller, Chief Inspector for Warbelow's Air Ventures, Inc. in
Fairbanks, Alaska, stated they have complied with the proposed
requirement on 3 airplanes and find that it takes 2 mechanics about 6
hours each (12 man-hours) to accomplish just the inspection phase. The
commenter states that to better access the affected areas it is easier
to remove both horizontal stabilizers. In total, it takes a crew of 2
about 4 days (64 man-hours) to accomplish the complete process from
inspection to return to service.
    We partially agree. We agree with revising the labor estimates for
both the inspection and modification because of the additional operator
data. Also, we will ensure the access time is included in both the
inspection and modification estimates. Because the original time
estimate was provided by another experienced operator, we will update
the estimate to reflect an average of the two reported times. We
disagree with using a combined estimate of 64 hours because the
inspection and modification are estimated separately. We will make the
following changes to the AD based on this comment:
     Update the inspection labor estimate from 1 hour to 12
hours; and
     Update the modification labor estimate from 26 to 45
hours.

Question on Airplanes That Have Previously Complied

    Joe M. Miller, Chief Inspector, Warbelow's Air Ventures, Inc.,
Fairbanks, Alaska, asked that we provide reference to those airplanes
that have previously complied with Service Bulletin 1289A and installed
kit 88578-001 Rev B. The commenter stated the NPRM only addresses the
initial inspection and modification of FS 332 and does not address
airplanes that have previously complied with Piper MSB 1289A by
inspection and subsequent installation of the Piper Kit 88578-001 Rev
B.
    We do not agree because paragraph (f) of the AD addresses this
situation with the phrase ``unless already done.''
    We have not changed the AD based on this comment.

Request To Extend the Initial Compliance Time

    Roger Braun asked that we extend the initial compliance time
because his impression is that the cracks were found solely on one very
high-time (20,000 hour plus) airplane, and he perceives 3,000 hours
time-in-service (TIS) as too early to start the inspection intervals
based on the finding.
    We do not agree because the airplane design is intended to provide
a service life that is crack-free. When cracks are found in service, a
management program is put in place (reference Advisory Circular 91-82).
It is true that the crack was found on an airplane with over 20,000
hours. The compliance time for the management program is based on the
known failure time but must include safety and statistical reduction
factors (reference Advisory Circular 23-13). Starting inspections at
3,000 hours TIS ensures any cracks that form will be found early enough
to prevent an unsafe condition. While it may appear excessive, the
compliance time is set to meet the design intent of a crack-free
operation.
    We have not changed the AD based on this comment.

Request for a Visual Inspection

    Roger Braun asked that we allow for a visual inspection instead of
a penetrant inspection because the parts involve a simple visual
inspection. The commenter suggested that 10x glass would suffice
instead of stripping paint and doing a dye-penetrant inspection. Then,
a penetrant could be used if any cracks are suspected.
    We do not agree because the cleaning and penetrant method has
higher detection reliability than a purely visual method. The
reliability of the inspection method is tied to the compliance time for
the repetitive inspection and deferral of the permanent modification.
Once the AD is published, the commenter may request an alternative
method of compliance (AMOC) for the visual inspection method. The
request, including all substantiating data, may be submitted following
14 CFR 39.19 as specified in paragraph (i)(1) of this AD.
    We have not changed the AD based on this comment.

Clarification on Installation of the Kit

    Tim Glubaskas, Director of Maintenance, Warbelow's Air Ventures,
asked for a clarification on whether installation of the kit terminates
the repetitive inspections.
    That kit installation is terminating action for the repetitive
inspection. This is addressed in paragraph (g)(3)(i) of this AD when
the kit is used as a repair for cracks and in paragraph (g)(4) of this
AD when the kit is used as a modification with no cracks.
    We have not changed the AD based on this comment.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Piper Aircraft, Inc. Service Bulletin No. 1289A, dated
October 26, 2016. The service information describes procedures for the
repetitive inspections, necessary repairs, and the optional
modification of the bulkhead. This service information 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.

Costs of Compliance

    We estimate that this AD affects 955 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                    Labor cost              Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspect for cracks in the         12 work-hours x $85  Not Applicable...........          $1,020        $974,100
 bulkhead.                         per hour = $1,020.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs/
replacements that would be required based on the results of the
inspection. We have no way of determining the number of airplanes that
might need these repairs/replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost              Parts cost        product
---------------------------------------------------------------------------------------------------------------
Repair/Modification..........................  45 work-hours x $85 per hour =             $296          $4,121
                                                $3,825.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-10-20 Piper Aircraft, Inc.: Amendment 39-18894; Docket No. FAA-
2016-9550; Directorate Identifier 2016-CE-026-AD.

(a) Effective Date

    This AD is effective June 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Piper Aircraft, Inc. Navajo Models PA-31, PA-
31-300, and PA-31-325, serial numbers 31-2 through 31-900, and 31-
7300901 through 31-8312019; and Chieftain/T-1020 Models PA-31-350,
serial numbers 31-5001 through 31-5004, and 31-7305005 through 31-
8553002, certificated in any category.
    Note 1 to paragraph (c) of this AD: The Model PA-31 may also be
identified as a PA-31-310 even though the PA-31-310 is not a model
recognized by the Federal Aviation Administration (FAA) on the type
certificate data sheet.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 5312: Fuselage--Main Bulkhead.

(e) Unsafe Condition

    This AD was prompted by fatigue cracking in the fuselage station
(FS) 332.00 bulkhead common to the horizontal stabilizer front spar
attachment. This AD requires repetitive inspections to detect cracks
in the bulkhead and any necessary repairs. This AD also provides an
optional modification if no cracks are found that will greatly
reduce the likelihood of the specified cracks. Cracks in the
bulkhead could compromise the structural components capability to
carry flight loads, increasing the potential to overload and fail
adjacent structure and lead to loss of control.

(f) Compliance

    Comply with paragraphs (g)(1) through (3) of this AD within the
compliance times specified, unless already done.

(g) Actions

    (1) For airplanes with 3,000 hours time-in-service (TIS) or less
as of June 29, 2017 (the effective date of this AD): Initially
within 500 hours TIS after reaching 3,000 hours TIS and repetitively
thereafter every 200 hours TIS, inspect the fuselage station (FS)
332.00 bulkhead assembly for cracks following the instructions in
Part I of Piper Aircraft, Inc. Service Bulletin (SB) No. 1289A,
dated October 26, 2016.
    (2) For airplanes with over 3,000 hours TIS as of June 29, 2017
(the effective date of this AD): Initially within the next 500 hours
TIS after June 29, 2017 (the effective date of this AD) and
repetitively thereafter every 200 hours TIS, inspect the FS 332.00
bulkhead assembly for cracks, following the instructions in Part I
of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016.
    (3) If cracks are found during any of the inspections required
in paragraphs (g)(1) or (2) of this AD, before further flight,
repair the cracks following the modification instructions in Part II
of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016, and
one of the following as applicable:
    (i) If the crack does not extend beyond the inspection/template
area of figure 2 of Piper Aircraft, Inc. SB No. 1289A, dated October
26, 2016, and meets the minimum acceptable distance in figure 3 and
table 2 of Part II of Piper Aircraft, Inc. SB No. 1289A, dated
October 26, 2016, then the installation of Piper Kit 88578-001
Revision B, dated June 23, 2016, is acceptable as a repair and is
considered terminating action for the repetitive inspection
requirement in paragraphs (g)(1) and (2) of this AD.
    (ii) If the crack extends beyond the inspection/template area of
figure 2 of Piper Aircraft, Inc. SB No. 1289A, dated October 26,
2016, or does not meet the minimum acceptable distance in figure 3
and table 2 of Part II of Piper Aircraft, Inc. SB No. 1289A, dated
October 26, 2016, then the installation of Piper Kit 88578-001
Revision B, dated June 23, 2016, is not an acceptable repair. You
must obtain an alternative method of compliance (AMOC) for any
repair or modification in this area. You may contact Piper Aircraft,
Inc. for repair instruction development specific to this condition.
For contact information refer to paragraph (j) of this AD.
    (4) If no cracks are found, you may install Piper Kit 88578-001
Revision B, dated June 23, 2016, on an uncracked bulkhead following
the Modification instructions in Part II of Piper Aircraft, Inc. SB
No. 1289A, dated October 26, 2016. Installation of Piper Kit 88578-
001 Revision B, dated June 23, 2016, on an uncracked bulkhead is
considered terminating action for the repetitive inspection
requirement in paragraphs (g)(1) and (2) of this AD.

(h) Special Flight Permit

    A special flight permit is allowed for this AD per 14 CFR 39.23
with limitations. Permits are only allowed for the inspections
required by this AD and are not allowed if cracks are discovered
during any inspection following Part I of Piper Aircraft, Inc. SB
No. 1289A, dated October 26, 2016. Any cracks found during any
inspection must be repaired before further flight.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in paragraph (k) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Gregory
``Keith'' Noles, Aerospace Engineer, FAA, Atlanta Aircraft
Certification Office, 1701 Columbia Avenue, College Park, Georgia
30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Piper
Aircraft, Inc., Customer Service, 2926 Piper Drive, Vero Beach,
Florida 32960; telephone:<PHONE_NUMBER>; fax: none; email:
<EMAIL_ADDRESS>Internet: www.piper.com. You may review
the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

(k) Related Information

    For more information about this AD, contact Gregory ``Keith''
Noles, Aerospace Engineer, FAA, Atlanta Aircraft Certification
Office, 1701 Columbia Avenue, College Park, Georgia 30337; phone:
(404) 474-5551; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piper Aircraft, Inc. Service Bulletin No. 1289A, dated
October 26, 2016.
    (ii) Reserved.
    (3) For Piper Aircraft, Inc. service information identified in
this AD, contact Piper Aircraft, Inc., Customer Service, 2926 Piper
Drive, Vero Beach, Florida 32960; telephone:<PHONE_NUMBER>; fax:
none; email<EMAIL_ADDRESS>Internet: www.piper.com.
    (4) You may view this referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on May 10, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10407 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-13-P