[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 210-212]
[FR Doc No: 2010-33055]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0111]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for extension of a currently approved collection of
information.

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SUMMARY: This notice solicits public comments on continuation of the
requirements for the collection of information on safety standards.
Before a Federal agency can collect certain information from the
public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes a collection of labeling information on
five Federal motor vehicle safety standards, for which NHTSA intends to
seek OMB approval. The labeling requirements include brake fluid
warning, glazing labeling, safety belt labeling, and vehicle
certification labeling.

DATES: Comments must be received on or before March 4, 2011.

ADDRESSES: You may submit comments (identified by the DOT Docket ID
Number above) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; M-30, U.S. Department of
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590 between 9
a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal
holidays.
     Fax:<PHONE_NUMBER>.
    Regardless of how you submit your comments, you should mention the
docket number of this document. You may call the Docket at (202) 366-
9324. Please identify the proposed collection of information for which
a comment is provided, by referencing its OMB clearance number. It is
requested, but not required, that two copies of the comment be
provided.
    Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Mrs. Lori
Summers, U.S. Department of Transportation, NHTSA, Room W43-320, 1200
New Jersey Avenue SE., Washington, DC 20590. Mrs. Summer's telephone
number is<PHONE_NUMBER> and fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before a proposed collection of information is submitted to OMB for
approval, Federal agencies must first publish a document in the Federal
Register providing a 60-day comment period and otherwise consult with

members of the public and affected agencies concerning each proposed
collection of information. The OMB has promulgated regulations
describing what must be included in such a document. Under OMB's
regulation (at 5 CFR 1320.8(d)), an agency must ask for public comment
on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information:
    Title: Consolidated Labeling Requirements for Motor Vehicles
(except the VIN).
    OMB Control Number: 2127-0512.
    Requested Expiration Date of Approval: Three years from the
approval date.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Summary of the Collection of Information: 49 U.S.C. 30111
authorizes the issuance of Federal motor vehicle safety standards
(FMVSS) and regulations. The agency, in prescribing a FMVSS or
regulations, considers available relevant motor vehicle safety data,
and consults with other agencies, as it deems appropriate. Further, the
statute mandates that in issuing any FMVSS or regulation, the agency
considers whether the standard or regulation is ``reasonable,
practicable and appropriate for the particular type of motor vehicle or
item of motor vehicle equipment for which it is prescribed,'' and
whether such a standard will contribute to carrying out the purpose of
the Act.
    The Secretary is authorized to invoke such rules and regulations,
as deemed necessary to carry out these requirements. Using this
authority, the agency issued the following FMVSS and regulations,
specifying labeling requirements to aid the agency in achieving many of
its safety goals:
    FMVSS No. 105, ``Hydraulic and electric brake systems,''
    FMVSS No. 135, ``Light vehicle brake systems,''
    FMVSS No. 205, ``Glazing materials,''
    FMVSS No. 209, ``Seat belt assemblies,'' and
    Part 567, ``Certification.''
    This notice requests comments on the labeling requirements of these
FMVSS and regulations.
    FMVSS No. 105, ``Hydraulic and electric brake systems'' and FMVSS
No. 135, ``Light vehicle brake systems,'' require that each vehicle
shall have a brake fluid warning statement in letters at least one-
eighth of an inch high on the master cylinder reservoirs and located so
as to be visible by direct view.
    FMVSS No. 205, ``Glazing materials,'' provides labeling
requirements for glazing and motor vehicle manufacturers. In accordance
with the standard, NHTSA requires each new motor vehicle glazing
manufacturer to request and be assigned a unique mark or number. This
number is then used by the manufacturer as their unique company
identification on their self-certification label on each piece of motor
vehicle glazing. As part of that certification label, the company must
identify with the simple two or three digit number assigned by the
agency and the model of the glazing. In addition to these requirements,
which apply to all glazing, certain specialty glazing items, such as
standee windows in buses, roof openings, and interior partitions made
of plastic require that the manufacturer affix a removable label to
each item. The label specifies cleaning instructions, which will
minimize the loss of transparency. Other information may be provided by
the manufacturer but is not required.
    FMVSS No. 209, ``Seat belt assemblies,'' requires safety belts to
be labeled with the year of manufacture, the model, and the name or
trademark of the manufacturer (S4.1(j)). Additionally replacement
safety belts that are for use only in specifically stated motor
vehicles must have labels or accompanying instruction sheets to specify
the applicable vehicle models and seating positions (S4.1(k)). All
other replacement belts are required to be accompanied by an
installation instruction sheet (S4.1(k)).
    Seat belt assemblies installed as original equipment in new motor
vehicles need not be required to be labeled with position/model
information. This information is only useful if the assembly is removed
with the intention of using the assembly as a replacement in another
vehicle; this is not a common practice.
    Part 567, ``Certification,'' requires each manufacturer or
distributor of motor vehicles to furnish to the dealer, or distributor
of the vehicle, a certification that the vehicle meets all applicable
FMVSS. This certification is required by that provision to be in the
form of a label permanently affixed to the vehicle. Under 49 U.S.C.
32504, vehicle manufacturers are directed to make a similar
certification with regard to bumper standards. To implement this
requirement, NHTSA issued 49 CFR Part 567. The agency's regulations
establish form and content requirements for the certification labels.
    Description of the Likely Respondents (Including Estimated Number
and Proposed Frequency of Response to the Collection of Information):
NHTSA anticipates that approximately 25 new prime glazing manufactures
per year will contact the agency and request a manufacturer
identification number. These new glazing manufacturers must submit one
letter, one time, identifying their company. In turn, the agency
responds by assigning them a unique manufacturer number. For other
collections in this notice, no response is necessary from
manufacturers. These labels are only required to be placed on each
master cylinder reservoir, each safety belt and every motor vehicle
intended for retain sale in the United Sates. Therefore, the number of
respondents is not applicable.
    Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information: NHTSA estimates that all
manufacturers will need a total of 74,096 hours to comply with these
requirements, at a total annual cost of 1,481,920.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Authority:  44 U.S.C. 3506(c); delegation of authority at 49 CFR
1.50.

    Issued on: December 27, 2010.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-33055 Filed 12-30-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Proposed Rules]
[Pages 54051-54053]
[FR Doc No: 2019-21876]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0714; Product Identifier 2019-NM-103-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700,
701 & 702) airplanes; Model CL-600-2D15 (Regional Jet Series 705)
airplanes; Model CL-600-2D24 (Regional Jet Series 900) airplanes; and
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed
AD was prompted by a report of incorrectly installed flight compartment
door edge protection plates on both sides of the upper decompression
panel. This proposed AD would require revising the existing maintenance
or inspection program, as applicable, to incorporate a functional check
of the flight compartment door decompression latches. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November
25, 2019.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet

http://www.bombardier.com. You may view this service information 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.

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-2019-
0714; 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 NPRM, 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: Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0714;
Product Identifier 2019-NM-103-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-20R1, dated May
31, 2019 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Bombardier, Inc., Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702) airplanes; Model CL-600-2D15 (Regional Jet
Series 705) airplanes; Model CL-600-2D24 (Regional Jet Series 900)
airplanes; and Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
    This proposed AD was prompted by a report of incorrectly installed
flight compartment door edge protection plates on both sides of the
upper decompression panel (the flight compartment is also known as the
flight deck). The FAA is proposing this AD to address incorrect
installation of the flight compartment door edge protection plates on
both sides of the flight compartment door upper decompression panel.
This condition, if not corrected, could result in the inability of the
flight compartment door upper decompression panel to open during a
rapid decompression event. This inability to relieve the pressure in
the flight compartment may compromise the structural integrity of the
bulkhead between the flight compartment and the passenger cabin. See
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Task 251700-202, ``Functional Check of
the Flight Compartment Door Decompression Latches,'' of Section 1-25 of
Section 125, of the Maintenance Review Board Report, Revision 18, dated
July 25, 2018, in Part 1 of the Bombardier CRJ700/900/1000 Maintenance
Requirements Manual, CSP-B-053. This service information describes a
functional check of the flight compartment door decompression latches.
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.

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
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate a new functional
check.

Costs of Compliance

    The FAA estimates that this proposed AD affects 522 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not

have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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):

Bombardier, Inc.: Docket No. FAA-2019-0714; Product Identifier 2019-
NM-103-AD.

(a) Comments Due Date

    The FAA must receive comments by November 25, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
through (4) of this AD, certificated in any category, all serial
numbers.
    (1) Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series
700, 701 & 702) airplanes.
    (2) Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series
705) airplanes.
    (3) Bombardier, Inc., Model CL-600-2D24 (Regional Jet Series
900) airplanes.
    (4) Bombardier, Inc., Model CL-600-2E25 (Regional Jet Series
1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report of incorrectly installed flight
compartment door edge protection plates on both sides of the upper
decompression panel. The FAA is issuing this AD to address incorrect
installation of the flight compartment door edge protection plates
on both sides of the flight compartment door upper decompression
panel. This condition, if not corrected, could result in the
inability of the flight compartment door upper decompression panel
to open during a rapid decompression event. This inability to
relieve the pressure in the flight compartment may compromise the
structural integrity of the bulkhead between the flight compartment
and the passenger cabin.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Task 251700-202,
``Functional Check of the Flight Compartment Door Decompression
Latches,'' of Section 1-25 of Section 125, of the Maintenance Review
Board Report, Revision 18, dated July 25, 2018, in Part 1 of the
Bombardier CRJ700/900/1000 Maintenance Requirements Manual, CSP-B-
053. The initial compliance time for doing the task is within 8,000
flight hours after this task is incorporated into the existing
maintenance or inspection program, or within 30 days after the
effective date of this AD, whichever occurs later. Repeat the task
thereafter at intervals not to exceed 8,000 flight hours.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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 corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-20R1, dated May 31, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0714.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://www.bombardier.com. You
may view this service information 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>.

    Issued in Des Moines, Washington, on September 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-21876 Filed 10-8-19; 8:45 am]
BILLING CODE 4910-13-P


1 March 26, 2004 MEMORANDUM TO: EPA Air Docket OAR 2003 0012 FROM: William Charmley Office of Transportation and Air Quality U. S. EPA SUBJECT: Summary of Conference Calls with the Engine Manufacturers Association, November 4, 6, and 21, 2003 regarding Nonroad Tier 4 Proposal for Engine Labeling Requirements On November 4, 6, and 21, 2003, representatives from EPA and the Engine Manufacturers Association ( EMA) participated in a series of conference call to discuss EPA's nonroad diesel Tier 4 proposal. A list of the participants for each of these calls is attached.

The following topics were discussed during each conference call;

November 4, 2003 Conference Call During this meeting, EPA and EMA members discussed the Tier 4 proposal for engine labeling requirements as well as EMA's comments on the Tier 4 proposal regarding engine labels.

November 6, 2003 Conference Call

Implementation time frame for engine standards in the 75 175hp category

Optional 2008 PM standards for engine in the 50 75hp range

Averaging, banking and trading provisions for nonroad diesel engines

Standards and implementation time frame for engines > 750 hp

Transient testing requirements for engines > 750 hp November 21, 2003 Conference Call

Standards and implementation time frame for engines > 750 hp

Cold start testing requirements for nonroad diesel engines

Constant speed, variable load transient testing requirements for nonroad diesel engines

Defect reporting requirements

Engine labeling requirements

Replacement engine provisions attachments: Attendees List Attachment: Attendees List EPA Conference Call with Engine Manufacturers Association, November 4, 2003 EMA Member Attendees Kevin Korkada, EMA Rick Bishop, John Deere EPA Attendees Alan Stout, Assessment & Standards Division, Office of Transportation & Air Quality Bill Charmley, Assessment & Standards Division, Office of Transportation & Air Quality EPA Conference Call with Engine Manufacturers Association, November 6, 2003 EMA Member Attendees Jed Mandel, EMA Rick Bishop, John Deere Ted Breidenbach, John Deere Jim Green, Caterpillar Inc. Al Scheigert, Caterpillar Inc. Bill Passie, Caterpillar Inc. Tim Tindall, Detroit Diesel Corp. Bob Jorgensen, Cummins Inc.

EPA Attendees Margo Oge, Office of Transportation & Air Quality Karen Orehowsky, Office of Transportation & Air Quality John Hannon, Office of General Counsel Chet France, Assessment & Standards Division, Office of Transportation & Air Quality Cle Jackson, Assessment & Standards Division, Office of Transportation & Air Quality Bill Charmley, Assessment & Standards Division, Office of Transportation & Air Quality EPA Conference Call with Engine Manufacturers Association, November 21, 2003 EMA Member Attendees Jed Mandel, EMA EPA Attendees Chet France, Assessment & Standards Division, Office of Transportation & Air Quality Bill Charmley, Assessment & Standards Division, Office of Transportation & Air Quality


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES January 27, 2006 MEMORANDUM SUBJECT: Thidiazuron: HED Response to RED Comments. PC Code: 120301, Case #: 4092, DP Barcode: D325893 FROM: Toiya Goodlow, Chemist and Risk Assessor Reregistration Branch 1 Health Effects Division ( 7509C)

THROUGH: Whang Phang, Ph. D., Branch Senior Scientist Reregistration Branch 1 Health Effects Division ( 7509C)

TO: John Pates Jr., Chemical Review Manager Special Review and Reregistration Division ( 7508C)

This document was written in response to comments submitted for the Thidiazuron Reregistration Eligibility Decision Document ( RED). All comments have been reviewed by RRB1/ HED and incorporated into the RED document as deemed appropriate by the Agency.

Changes include the following:

° The statement of revocation for the cottonseed hulls tolerance has been revised for consistency.

° Table 2.1 has been changed to reflect a maximum seasonal application rate of 0.125 lb ai/ A for EPA registration # 264 00634.

° The dosage level in food and exaggeration rate for the ruminant feeding study has been corrected.

° The 1 month plant back interval ( PBI) has been changed to 2 weeks for small grain crops.

1 of 2 2 of 2 The following comments were not revised in the RED:

° Comment: Most of the studies cited for the product chemistry data requirements are not the studies supporting the registration of Bayer CropScience's registration for thidiazuron.

Response: The studies cited in the RED reflect the references the Agency has on file for the thidizuron product chemistry data requirements. Please advise HED if there are other relevant references available for the Bayer CropScience registration.

References Goodlow, Toiya. DP Barcode: D319302. August 31, 2005. Thidiazuron: Revised HED Chapter of the Reregistration Eligibility Decision Document ( RED), Phase 3 Public Comments.

7509C: RRB1: TGoodlow: CM# 2: Rm 722H: 308 0070: 1/ 27/ 06 WPhang: 1/ 27/ 06


[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48211-48212]
[FR Doc No: 2019-19722]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0015; Notice 1]

Arai Helmet, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Arai Helmet, Inc. (Arai), has determined that certain Arai
Corsair X Mamola Edge motorcycle helmets, do not comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle Helmets. Arai
filed a noncompliance report dated March 6, 2019, and later amended it
on March 28, 2019. Arai subsequently petitioned NHTSA on March 28,
2019, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety. This notice announces receipt of
Arai's petition.

DATES: Send comments on or before October 15, 2019.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Arai has determined that certain Arai Corsair X Mamola
Edge helmets, size small, do not comply with paragraph S5.6.1(b) of
FMVSS No. 218, Motorcycle Helmets (49 CFR 571.218). Arai filed a
noncompliance report dated March 6, 2019, and later amended it on March
28, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports, and subsequently petitioned NHTSA on March
28, 2019, for an exemption from the notification and remedy requirement
of 49 U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Arai's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Equipment Involved: Approximately 24 Arai Corsair X Mamola Edge
helmets, size small, manufactured between June 29, 2018, and January
31, 2019, are potentially involved.
    III. Noncompliance: Arai explains that the noncompliance is that
the discrete size label may not be permanently attached as required by
S5.6.1(b) of FMVSS No. 218.
    IV. Rule Requirements: Paragraph S5.6.1(b) of FMVSS No. 218,
provides the requirements relevant to this petition. Each helmet must
be labeled permanently and legibly, in a manner such that the label can
be read easily without removing padding or any other permanent part,
with ``discrete size.''
    V. Summary of Petition: Arai described the subject noncompliance
and stated its belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
    In support of its petition, Arai submitted the following reasoning:
    1. Arai states that the subject motorcycle helmets comply with all
the performance requirements under FMVSS No. 218 and all labeling
requirements of FMVSS No. 218, except that the discrete size label does
not appear to be permanent as required by paragraph S5.6.1(b). Arai
cited FMVSS No. 218, which says the discrete size means ``a numerical
value that corresponds to the diameter of an equivalent circle
representing the helmet interior in inches (0.25 inch) or

to the circumference of the equivalent circle in centimeters (0.64 centimeters).''
    2. Arai believes NHTSA's reasons for requiring the helmet's
discrete size is primarily to determine the appropriate headform for
conducting the performance testing of paragraph S6.1 of FMVSS No. 218.
In promulgating the discrete size label, Arai cited the agency as
saying that it added the discrete size requirement to the standard to
``eliminate enforcement problems.'' See 73 FR 57297, 57304 (October 2,
2008). Arai says that the agency had previously permitted generic head
sizes on helmet labels, however, they lacked the precision the agency
desired for enforcing the helmet standard, raising potential problems
with the objective requirements of 49 U.S.C. 30111(a). Arai says that
NHTSA explained its reasoning in the rulemaking for specifying the
discrete size and cited the following:
    a. The reason for this is to eliminate enforcement problems that
arise when helmets are labeled only with a generic size specification
(e.g. Small, Medium, or Large). Enforceability problems can arise
because while S6.1 specifies which headform is used to test helmets
with a particular ``designated discrete size or size range,'' a
helmet's generic size may not correspond to the same size ranges that
the agency uses to determine which headform to use for testing.
    3. Arai stated that in the final rule, NHTSA further elaborated
that defining the discrete size ``would have two benefits:''
    a. First, it would provide certainty as to the headform on which
the helmet would be tested by NHTSA, thereby, improving the
enforceability of the standard. Second, it would provide more precise
information to customers. Further that the requirement would in no way
preclude manufacturers from specifying a generic size in addition to
the discrete size on the size label.
    4. Arai believes that the primary reason for requiring the discrete
size is related to enforceability of the performance tests and that a
label that is present on the helmet at the time of NHTSA's testing, but
that may not be permanently attached to the helmet does not expose the
user of the noncompliant helmet to a ``significantly greater risk''
than to a user of a compliant helmet.
    5. Arai states that NHTSA tested Arai Helmet under FMVSS No. 218,
and that the testing demonstrated that these helmets meet the
performance standards. The discrete label helmet, tested by NHTSA,
permitted the Agency to select the correct headform for the Arai
Corsair-X, size small, helmet that was tested. According to Arai, the
primary purpose of the discrete size label, specifically its
enforceability of NHTSA's objective test standards, was met by the
noncompliant helmet.
    6. Arai believes that in the FMVSS No. 218 final rule, NHTSA
explained that while the discrete label would provide ``more precise
information to customers,'' NHTSA acknowledged that generic sizes could
also be used on helmets. Arai believes this indicates that the value to
customers of a ``more precise'' helmet size serves limited safety
benefits. Arai says that NHTSA did not claim the discrete size served a
safety purpose, but stated that ``discrete size labeling requirements
will both improve customer information regarding the size of the helmet
and avert potential enforceability problems.'' See 76 FR 28145.
    7. Arai stated that the noncompliance arose from the permanency of
the label, not the content and that the label would be present, at a
minimum, to the first purchaser. Further, Arai states that another
label showing the discrete size of the helmet is sewn into a tag in the
headliner; moreover, the helmet's packaging provides the size
information and secondhand purchasers could try on the helmet to
determine whether it properly fits; accordingly, the consumer would
have sizing information available to determine the correct helmet size
for purchase.
    8. Arai says that in a petition related to a noncompliance that
resulted from a goggle strap potentially obscuring the DOT label of a
motorcycle helmet, NHTSA agreed that the noncompliance was
inconsequential to motor vehicle safety. See 79 FR 47720. Arai went on
to write that NHTSA reasoned that ``the presence of the strap holder
which obscures the DOT label does not affect the helmet's ability to
protect the wearer in the event of a crash if that helmet meets or
exceeds the performance requirements of FMVSS No. 218.'' Arai believes
the same reasoning applies here as well.
    9. Arai stated their belief that the helmets potential failure to
permanently provide ``customer information'' does not pose a
``significantly greater risk'' to the user of a noncompliant helmet
compared to the user of a compliant helmet. Arai says they are not
aware of any warranty claims, field reports, customer complaints, legal
claims, or any incidents or injuries related to the subject
noncompliance.
    Arai expressed the belief that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject equipment that Arai no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant equipment under their control after Arai
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-19722 Filed 9-11-19; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28229-28230]
[DOCID:fr15jn09-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-446-003]

Gulf South Pipeline Company, LP; Notice of Application

June 8, 2009.
    Take notice that on May 26, 2009, Gulf South Pipeline Company, LP
(Gulf South), filed with the Federal Energy Regulatory Commission
(Commission) an application under section 7(c) of the Natural Gas Act
(NGA) seeking authorization to amend its existing certificate to reduce
to the maximum certificated capacity on the East Texas to Mississippi
Expansion Project facilities to reflect refined flow characteristics
after a year of operational experience, all as more fully described in
the application.
    This filing may be also viewed on the Web at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify Federal and State agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Any questions regarding this application should be directed to: J.
Kyle Stephens, Vice President of Regulatory Affairs, Boardwalk Pipeline
Partners, LP, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, at
713-479-8033 or fax at<PHONE_NUMBER>. There are two ways to become
involved in the Commission's review of this project. First, any person
wishing to obtain legal status by becoming a party to the proceedings
for this project should, before the comment date of this notice,

file with the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, a motion to intervene in accordance with the
requirements of the Commission's Rules of Practice and Procedure (18
CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR
157.10). A person obtaining party status will be placed on the service
list maintained by the Secretary of the Commission and will receive
copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: June 29, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-13965 Filed 6-12-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26514-26517]
[FR Doc No: 2015-11189]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0188]
RIN 1625-AA00

Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone in Manchester Bay to be enforced during the Misery Challenge
marine event, which will involve swimmers, kayakers, and stand-up
paddlers. This safety zone would ensure the protection of the event
participants, support vessels, and maritime public from the hazards
associated with the event. Vessels will be prohibited from entering
into, transiting through, mooring, or anchoring within this safety zone
during periods of enforcement unless authorized by the Coast Guard
Sector Boston Captain of the Port (COTP) or the COTP's designated
representative.

DATES: Comments and related material must be received by the Coast
Guard on or before June 8, 2015. Requests for public meetings must be
received by the Coast Guard on or before May 15, 2015.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management
Division, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2015-0188 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2015-0188 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulartory History and Information

    This is a first time event with no regulatory history.

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish regulatory safety zones.
    By establishing a temporary safety zone, the Coast Guard will
ensure the protection of the event participants, support vessels, and
maritime public from the hazards associated with the event.

D. Discussion of Proposed Rule

    For the reason discussed above, the COTP, Sector Boston, is
proposing to establish a temporary safety zone in the navigable waters
of Manchester Bay, Manchester, Massachusetts. This rule is necessary to
ensure the protection of the event participants, support vessels, and
maritime public from the hazards associated with the event. Vessels not
associated with the event shall maintain a distance of at least 100
yards from the participants. Specific geographic locations are
specified in the regulatory text. This rule will be effective on August
1, 2015, from 7:30 a.m. to 11:30 a.m.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be minimal. This
regulation may have some impact on the public, but that potential
impact will likely be minimal for several reasons. First, this safety
zone will be in effect for only 4 hours in the morning when vessel
traffic is expected to be light. Second, vessels may enter or pass
through the safety zone during an enforcement period with the
permission of the COTP or the designated representative. Finally, the
Coast Guard will provide notification to the public through Broadcast
Notice to Mariners well in advance of the event.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    For all of the reasons discussed in the REGULATORY PLANNING AND
REVIEW section, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule would not have a significant economic impact on a substantial
number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for

compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT, above. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. 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.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of a temporary safety zone. This rule may be
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this assessment is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a new Sec.  165.T01-0188 to read as follows:

Sec.  165.T01-0188  Safety Zone--Misery Challenge--Manchester Bay,
Manchester, Massachusetts.

    (a) General. Establish a temporary safety zone:
    (1) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, within (100) yards from the
participants and vessels in support of events in Manchester Bay,
Manchester, MA, and enclosed by a line connecting the following points
(NAD 83):

------------------------------------------------------------------------
             Latitude                            Longitude
------------------------------------------------------------------------
42[deg]34'03'' N.................  70[deg]46'42'' W; thence to
42[deg]33'58'' N.................  70[deg]46'33'' W; thence to
42[deg]32'32'' N.................  70[deg]47'45'' W; thence to
42[deg]32'58'' N.................  70[deg]48'40'' W; thence to point of
                                    origin.
------------------------------------------------------------------------

    (2) Effective and enforcement period. This rule will be effective
on August 1, 2015, from 7:30 a.m. to 11:30 a.m.
    (b) Regulations. While this safety zone is being enforced, the
following regulations, along with those contained in 33 CFR 165.23,
apply:
    (1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP), Sector Boston
the COTP's representatives. However, any vessel that is granted
permission by the COTP or the COTP's representatives must proceed
through the area with caution and operate at a speed no faster than
that speed necessary to maintain a safe course, unless otherwise
required by the Navigation Rules.
    (2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
representatives. Upon being hailed by a U.S. Coast Guard vessel by
siren, radio, flashing lights, or other means, the operator of a vessel

within the zone shall proceed as directed. Any person or vessel within
the safety zone shall exit the zone when directed by the COTP or the
COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
    (c) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
    (d) Notification. Coast Guard Sector Boston will give notice
through the Local Notice to Mariners, Broadcast Notice to Mariners, and
to mariners for the purpose of enforcement of this temporary safety
zone. Also, Sector Boston will notify the public to the greatest extent
possible of any period in which the Coast Guard will suspend
enforcement of this safety zone.
    (e) COTP representative. The COTP's representative may be any Coast
Guard commissioned, warrant, or petty officer or any Federal, state, or
local law enforcement officer who has been designated by the COTP to
act on the COTP's behalf. The COTP's representative may be on a Coast
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law
enforcement vessel, or a location on shore.

    Dated: April 27, 2015.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-11189 Filed 5-7-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55474-55475]
[FR Doc No: 2014-22060]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9916-64-OW]

Meeting of the National Drinking Water Advisory Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a public meeting.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a
meeting of the National Drinking Water Advisory Council (Council), as
authorized under the Safe Drinking Water Act (SDWA). The meeting is
scheduled for November 6 and 7, 2014. The Council typically considers
various issues associated with drinking water protection and public
water systems. During this meeting, the Council will focus discussions
on the approaches to regulating groups of carcinogenic volatile organic
chemicals, harmful algal blooms, climate and drinking water issues and
other program topics. In addition, the Council will also discuss
options for compliance schedules relative to the Long Term 2 Enhanced
Surface Water Treatment Rule.

DATES: The meeting on November 6, 2014, will be held from 8:30 a.m. to
5:00 p.m., eastern time, and on November 7, 2014, from 8:30 a.m. to
2:00 p.m., eastern time.

ADDRESSES: The public meeting will be held in Room 1117-A at the EPA
William Jefferson Clinton East Building, 1201 Constitution Avenue NW.,
Washington, DC 20004. All attendees must go through a metal detector,
sign in with the security desk and show government-issued photo
identification to enter government buildings.

FOR FURTHER INFORMATION CONTACT: Members of the public who would like
to register and receive pertinent information, present an oral
statement or submit a written statement for the November 6 and 7
meeting should contact Roy Simon by October 17, 2014, by email at
<EMAIL_ADDRESS>by phone at<PHONE_NUMBER>; or by regular mail at the
United States Environmental Protection Agency, Office of Ground Water
and Drinking Water, William Jefferson Clinton East, (Mail Code 4601-M),
1200 Pennsylvania Avenue NW., Washington, DC 20460. Further details
about participating in the meeting can be found in the SUPPLEMENTARY
INFORMATION section.

SUPPLEMENTARY INFORMATION:
    Details about Participating in the Meeting: If you wish to attend
the meeting, you should provide your email address when you register.
The EPA will provide updated information on the November 6 and 7
meeting to registered individuals and organizations by October 29,
2014. The Council will allocate one hour for the public's input (1:00
p.m.-2:00 p.m., eastern time) at the meeting on November 7, 2014. Oral
statements will be limited to five minutes at the meeting. It is
preferred that only one person present a statement on behalf of a group
or organization. To ensure adequate time for public involvement,
individuals or organizations interested in presenting an oral statement
should notify Roy Simon no later than October 17, 2014. Any person who
wishes to file a written statement can do so before or after the
Council meeting. Written statements intended for the meeting must be
received by October 29, 2014, to be distributed to all members of the
Council before any final discussion or vote is completed. Any
statements received on or after the date specified will become part of
the permanent file for the meeting and will be forwarded to the Council
members for their information.
    National Drinking Water Advisory Council: The Council was created
by Congress on December 16, 1974, as part of the SDWA of 1974, Public
Law 93-523, 42 U.S.C. 300j-5, and is operated in accordance with the
provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C.
App.2. The Council was established under the SDWA to provide practical
and independent advice, consultation and recommendations to the EPA
Administrator on the activities, functions, policies and regulations
required by the SDWA.
    Special Accommodations: For information on access or services for
individuals with disabilities, please contact Roy Simon at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>To request an accommodation for a
disability, please contact Roy Simon at least 10 days prior to the
meeting to give the EPA as much time as possible to process your
request.

    Dated: September 8, 2014.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2014-22060 Filed 9-15-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44171-44174]
[FR Doc No: 2022-15770]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95313; File No. SR-NYSE-2022-29]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Extend the Temporary Period for Specified Commentaries to Rules 7.35A
and 7.35C and Temporary Rule Relief in Rule 36.30

July 19, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 11, 2022, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the temporary period for specified
Commentaries to Rules 7.35A and 7.35C and temporary rule relief in Rule
36.30, to end on the earlier of a full reopening of the Trading Floor
facilities to DMMs or after the Exchange closes on December 31, 2022.
The proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to extend the temporary period for specified
Commentaries to Rules 7.35A and 7.35C and temporary rule relief to Rule
36.30 to end on the earlier of a full reopening of the Trading Floor
facilities to DMMs or after the Exchange closes on December 31, 2022.
The current temporary period that these Rules are in effect ends on the
earlier of a full reopening of the Trading Floor facilities to DMMs or
after the Exchange closes on July 31, 2022.
Background
    To slow the spread of COVID-19 through social-distancing measures,
on March 18, 2020, the CEO of the Exchange made a determination under
Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.\3\ On May 14, 2020, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) to reopen the Trading Floor on a
limited basis on May 26, 2020 to a subset of Floor brokers, subject to
safety measures designed to prevent the spread of COVID-19.\4\ On June
15, 2020, the CEO of the Exchange made a determination under Rule
7.1(c)(3) to begin the second phase of the Trading Floor reopening by
allowing DMMs to return on June 17, 2020, subject to safety measures
designed to prevent the spread of COVID-19.\5\ Consistent with these
safety measures, both DMMs and Floor broker firms continue to operate
with reduced staff on the Trading Floor.
---------------------------------------------------------------------------

    \3\ Pursuant to Rule 7.1(e), the CEO notified the Board of
Directors of the Exchange of this determination. The Exchange's
current rules establish how the Exchange will function fully-
electronically. The CEO also closed the NYSE American Options
Trading Floor, which is located at the same 11 Wall Street
facilities, and the NYSE Arca Options Trading Floor, which is
located in San Francisco, CA. See Press Release, dated March 18,
2020, available here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
    \4\ See Securities Exchange Act Release No. 88933 (May 22,
2020), 85 FR 32059 (May 28, 2020) (SR-NYSE-2020-47) (Notice of
filing and immediate effectiveness of proposed rule change).
    \5\ See Securities Exchange Act Release No. 89086 (June 17,
2020) (SR-NYSE-2020-52) (Notice of filing and immediate
effectiveness of proposed rule change).
---------------------------------------------------------------------------

Proposed Rule Change
    Beginning in March 2020, the Exchange modified its rules to add
Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C and rule relief in
Rule 36.30,\6\ and has extended the expiration date of such
Commentaries several times.\7\ In July 2021, the Commission approved
the Exchange's proposals to make permanent several of the rule changes
that were the subject of those Commentaries.\8\ The remaining
Commentaries, specified below, are in effect until the earlier of a
full reopening of the Trading Floor facilities to DMMs or after the
Exchange closes on July 31, 2022:
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 88413 (March 18,
2020), 85 FR 16713 (March 24, 2020) (SR-NYSE-2020-19) (amending Rule
7.35C to add Commentary .01); 88444 (March 20, 2020), 85 FR 17141
(March 26, 2020) (SR-NYSE-2020-22) (amending Rules 7.35A to add
Commentary .01, 7.35B to add Commentary .01, and 7.35C to add
Commentary .02); 88488 (March 26, 2020), 85 FR 18286 (April 1, 2020)
(SR-NYSE-2020-23) (amending Rule 7.35A to add Commentary .02); 88546
(April 2, 2020), 85 FR 19782 (April 8, 2020) (SR-NYSE-2020-28)
(amending Rule 7.35A to add Commentary .03); 88562 (April 3, 2020),
85 FR 20002 (April 9, 2020) (SR-NYSE-2020-29) (amending Rule 7.35C
to add Commentary .03); 88705 (April 21, 2020), 85 FR 23413 (April
27, 2020) (SR-NYSE-2020-35) (amending Rule 7.35A to add Commentary
.04); 88725 (April 22, 2020), 85 FR 23583 (April 28, 2020) (SR-NYSE-
2020-37) (amending Rule 7.35 to add Commentary .01); 88950 (May 26,
2020), 85 FR 33252 (June 1, 2020) (SR-NYSE-2020-48) (amending Rule
7.35A to add Commentary .05); 89059 (June 12, 2020), 85 FR 36911
(June 18, 2020) (SR-NYSE-2020-50) (amending Rule 7.35C to add
Commentary .04); 89086 (June 17, 2020), 85 FR 37712 (SR-NYSE-2020-
52) (amending Rules 7.35A to add Commentary .06, 7.35B to add
Commentary .03, 76 to add Supplementary Material 20, and
Supplementary Material .30 to Rule 36); 89925 (September 18, 2020)
(SR-NYSE-2020-75) (amending Rule 7.35 to add Commentary .02); and
90810 (December 29, 2020), 86 FR 335 (January 5, 2021) (SR-NYSE-
2020-109) (amending Rule 7.35A to add Commentary .07).
    \7\ See Securities Exchange Act Release No. 94585 (April 1,
2022) 87 FR 20479 (April 7, 2022) (SR-NYSE-2022-18) (Notice of
filing and immediate effectiveness of proposed rule change to extend
the temporary period for specified Commentaries to Rules 7.35A and
7.35C and temporary rule relief in Rule 36.30 to end on the earlier
of a full reopening of the Trading Floor facilities to DMMs or after
the Exchange closes on July 31, 2022). See also Securities Exchange
Act Release Nos. 93780 (December 14, 2021) 86 FR 72012 (December 20,
2021) (SR-NYSE-2021-71) (Notice of filing and immediate
effectiveness of proposed rule change to extend the temporary period
for specified Commentaries to Rules 7.35A and 7.35C and temporary
rule relief in Rule 36.30 to end on the earlier of a full reopening
of the Trading Floor facilities to DMMs or after the Exchange closes
on March 31, 2022); 89199 (June 30, 2020), 85 FR 40718 (July 7,
2020) (SR-NYSE-2020-56) (Notice of filing and immediate
effectiveness of proposed rule change to extend the temporary period
for Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C;
Supplementary Material .20 to Rule 76; and temporary rule relief in
Rule 36.30 to end on the earlier of a full reopening of the Trading
Floor facilities to DMMs or after the Exchange closes on July 31,
2020); 89368 (July 21, 2020), 85 FR 45272 (July 27, 2020) (SR-NYSE-
2020-61) (Notice of filing and immediate effectiveness of proposed
rule change to lift the temporary suspension to Rule 76 and delete
Supplementary Material .20 to Rule 76); 89425 (July 30, 2020), 85 FR
47446 (August 5, 2020) (SR-NYSE-2020-63) (extending the temporary
period specified in Commentaries to Rules 7.35, 7.35A, 7.35B, and
7.35C and Temporary Rule Relief in Rule 36.30 to end on the earlier
of a full reopening of the Trading Floor facilities to DMMs or after
the Exchange closes on September 30, 2020); 90005 (September 25,
2020), 85 FR 61999 (October 2020) (SR-NYSE-2020-78) (extending same
to end on the earlier of a full reopening of the Trading Floor
facilities to DMMs or after the Exchange closes on December 31,
2020); 90795 (December 23, 2020), 85 FR 86608 (December 30, 2020)
(SR-NYSE-2020-106) (extending same to end on the earlier of a full
reopening of the Trading Floor facilities to DMMs or after the
Exchange closes on April 30, 2021); 91778 (May 5, 2021) 86 FR 25902
(May 11, 2021) (SR-NYSE-2021-29) (extending same to end on the
earlier of a full reopening of the Trading Floor facilities to DMMs
or after the Exchange closes on August 31, 2021); and 92802 (August
30, 2021), 86 FR 49587 (September 3, 2021) (SR-NYSE-2021-46)
(extending same to end on the earlier of a full reopening of the
Trading Floor facilities to DMMs or after the Exchange closes on
December 31, 2021).
    \8\ See Securities Exchange Act Release Nos. 92374 (July 9,
2021), 86 FR 37367 (July 15, 2021) (SR-NYSE-2020-89) (making
permanent the rule changes specified in Commentary .03 to Rule
7.35C); 92373 (July 12, 2021), 86 FR 37779 (July 16, 2021) (SR-NYSE-
2020-93) (making permanent the rule changes specified in
Commentaries .01 and .02 to Rule 7.35); and 92480 (July 23, 2021),
86 FR 40885 (July 29, 2021) (SR-NYSE-2020-95) (making permanent
certain rule changes specified in Commentaries .01 and .06 to Rule
7.35A and Commentaries .01 and .03 to Rule 7.35B).
---------------------------------------------------------------------------

     Commentaries .01, .02, .03, .04, .05, and .07 to Rule
7.35A;
     Commentaries .01 and .02 to Rule 7.35C; and
     Amendments to Rule 36.30.
    The first and second phases of the reopening of the Trading Floor
are subject to safety measures designed to prevent the spread of COVID-
19. To meet these safety measures, Floor brokers and DMM units that
have chosen to return to the Trading Floor are operating with reduced
staff. The Exchange is therefore proposing to extend Commentaries .01,
.02, .03, .04, 05, and .07 to Rule 7.35A, Commentaries .01 and .02 to
Rule 7.35C, and the amendments to Rule 36.30 until the earlier of
December 31, 2022, or such time that there is a full reopening of the
Trading Floor facilities to DMMs.
    The Exchange is not proposing any substantive changes to these
Rules.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\9\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\10\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating

transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    To reduce the spread of COVID-19, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) that beginning March 23, 2020, the
Trading Floor facilities located at 11 Wall Street in New York City
would close and the Exchange would move, on a temporary basis, to fully
electronic trading. On May 14, 2020, the CEO made a determination under
Rule 7.1(c)(3) that, beginning May 26, 2020, the Trading Floor would be
partially reopened to allow a subset of Floor brokers to return to the
Trading Floor. On June 15, 2020, the CEO made a determination under
Rule 7.1(c)(3) that, beginning June 17, 2020, DMM units may choose to
return a subset of staff to the Trading Floor.
    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the Trading Floor has not yet reopened
in full to DMMs or Floor brokers. Accordingly, the Exchange believes
that the temporary rule changes in effect pursuant to the Commentaries
to Rules 7.35A and 7.35C and amendments to Rule 36.30, which are
intended to be in effect during the temporary period while the Trading
Floor has not yet opened in full to DMMs, should be extended until such
time that there is a full reopening of the Trading Floor facilities to
DMMs. The Exchange is not proposing any substantive changes to these
Rules.
    The Exchange believes that, by clearly stating that this relief
will be in effect through the earlier of a full reopening of the
Trading Floor facilities to DMMs or the close of the Exchange on
December 31, 2022, market participants will have advance notice of the
temporary period during which the Commentaries to Rules 7.35A and 7.35C
and amendments to Rule 36.30 will be in effect.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather would extend
the period during which Commentaries .01, .02, .03, .04, 05, and .07 to
Rule 7.35A; Commentaries .01 and .02 to Rule 7.35C; and amendments to
Rule 36.30 will be in effect. These Commentaries are intended to be in
effect during the temporary period while the Trading Floor has not yet
been opened in full to DMMs and Floor brokers and are currently due to
expire on July 31, 2022. Because the Trading Floor has not been opened
in full to DMMs, the Exchange proposes to extend the temporary period
for these temporary rules to end on the earlier of a full reopening of
the Trading Floor facilities to DMMs or after the Exchange closes on
December 31, 2022.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6)(iii) thereunder.\14\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest
because it will allow the rules discussed above to remain in effect
during the temporary period during which the Trading Floor has not yet
been reopened in full to DMMs because of health precautions related to
the Covid-19 pandemic. Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\17\
---------------------------------------------------------------------------

    \17\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2022-29 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-NYSE-2022-29. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2022-29 and should be submitted on
or before August 15, 2022.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12), (59).

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-15770 Filed 7-22-22; 8:45 am]
BILLING CODE 8011-01-P