for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1
percent), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j) (intermediate in the manufacture of a
polyurethane flame retardant).
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
18. Add Sec.  721.10244 to subpart E to read as follows:

Sec.  721.10244  Phosphonic acid, P-[2-[bis(2-
hydroxyethyl)amino]ethyl]-, 2-[bis(2- chloroethoxy)phosphinyl]ethyl 2-
chloroethyl ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phosphonic acid, P-
[2-[bis(2-hydroxyethyl)amino]ethyl]-, 2-[bis(2-
chloroethoxy)phosphinyl]ethyl 2-chloroethyl ester (PMN P-09-195; CAS
No. 1094213-37-2) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1
percent), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j) (intermediate in the manufacture of a
polyurethane flame retardant).
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
19. Add Sec.  721.10245 to subpart E to read as follows:

Sec.  721.10245  Branched and linear fatty alcohol ethoxylate
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
branched and linear fatty alcohol ethoxylate (PMN P-09-207) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j) (site-limited, isolated, chemical
intermediate).
    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
20. Add Sec.  721.10246 to subpart E to read as follows:

Sec.  721.10246  Alkylpolyhydroxy polymer (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkylpolyhydroxy polymer (PMN P-09-234) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
21. Add Sec.  721.10247 to subpart E to read as follows:

Sec.  721.10247  Bis-phenoxyethanol fluorene diacrylate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as bis-
phenoxyethanol fluorene diacrylate (PMN P-09-258) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
22. Add Sec.  721.10248 to subpart E to read as follows:

Sec.  721.10248  Aromatic bromide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aromatic bromide (PMN P-09-259) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j) (synthetic intermediate).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (i), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
23. Add Sec.  721.10249 to subpart E to read as follows:

Sec.  721.10249  Disubstituted phenol (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
disubstituted phenol (PMN P-09-316) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (g) and (s) (100 kilograms).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  721.10250 to subpart E to read as follows:

Sec.  721.10250  Zirconium lysine complex (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
zirconium lysine complex (PMN P-09-356) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 120).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
25. Add Sec.  721.10251 to subpart E to read as follows:

Sec.  721.10251  Fatty acids, reaction products with alkanolamine
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as fatty
acids, reaction products with alkanolamine (PMN P-09-366) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(g).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
26. Add Sec.  721.10252 to subpart E to read as follows:

Sec.  721.10252  Thiosulfuric acid
(H2S2O3), manganese(2+) salt (1:1).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as thiosulfuric acid
(H2S2O3), manganese(2+) salt (1:1)
(PMN P-09-373; CAS No. 1033050-53-1) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 400).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
27. Add Sec.  721.10253 to subpart E to read as follows:

Sec.  721.10253  Butanedioic acid, 2-methylene-, polymer with 2,5
furanedione, copper(2+) manganese(2+) sodium zinc salt, hydrogen
peroxide-initiated.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as butanedioic acid,
2-methylene-, polymer with 2,5 furanedione, copper(2+) manganese(2+)
sodium zinc salt, hydrogen peroxide-initiated (PMN P-09-388; CAS No.
1134078-27-5) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 34).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
28. Add Sec.  721.10254 to subpart E to read as follows:

Sec.  721.10254  Substituted acrylamide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted acrylamide (PMN P-09-390) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 21).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
29. Add Sec.  721.10255 to subpart E to read as follows:

Sec.  721.10255  Vinyl carboxylic acid ester (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as vinyl
carboxylic acid ester (PMN P-09-400) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(s) (100,000 kilograms).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 15).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
30. Add Sec.  721.10256 to subpart E to read as follows:

Sec.  721.10256  Benzoic acid, 4-(dimethylamino)-, 1,1'-
[(methylimino)di-2,1-ethanediyl] ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as benzoic acid, 4-
(dimethylamino)-, 1,1'-[(methylimino)di-2,l-ethanediyl] ester (PMN P-
09-479; CAS No. 925246-00-0) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
31. Add Sec.  721.10257 to subpart E to read as follows:

Sec.  721.10257  Butyl aromatic bisurea (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as butyl
aromatic bisurea (PMN P-09-532) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
32. Add Sec.  721.10258 to subpart E to read as follows:

Sec.  721.10258  Aromatic hydrocarbon (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aromatic hydrocarbon (PMN P-09-535) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.

    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
33. Add Sec.  721.10259 to subpart E to read as follows:

Sec.  721.10259  Halogenated aromatic hydrocarbon (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
halogenated aromatic hydrocarbon (PMN P-09-540) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
34. Add Sec.  721.10260 to subpart E to read as follows:

Sec.  721.10260  Benzene, 1,3-bis(1-chloro-1-methylethyl)-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as benzene, 1,3-bis(1-
chloro-1-methylethyl)- (PMN P-09-552; CAS No. 37133-18-9) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
35. Add Sec.  721.10261 to subpart E to read as follows:

Sec.  721.10261  Oxime, di-Me silane (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as oxime,
di-Me silane (PMN P-09-589) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1
percent), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(s) (20,000 kilograms).
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
36. Add Sec.  721.10262 to subpart E to read as follows:

Sec.  721.10262  Oxime, Me vinyl silane (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as oxime,
Me vinyl silane (PMN P-09-590) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 0.1
percent), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(s) (20,000 kilograms).
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
37. Add Sec.  721.10263 to subpart E to read as follows:

Sec.  721.10263  Phenol, 4-(1,1-dimethylethyl)-2-nitro-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phenol, 4-(1,1-
dimethylethyl)-2-nitro- (PMN P-09-634; CAS No. 3279-07-0) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j) (raw material (reactant) for production
of intermediate for a photographic chemical).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
38. Add Sec.  721.10264 to subpart E to read as follows:

Sec.  721.10264  Polycarbocyclic methacrylate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
polycarbocyclic methacrylate (PMN P-10-343) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.

    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2011-25497 Filed 10-4-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Page 28658]
[FR Doc No: 2020-10184]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4509-DR; Docket ID FEMA-2020-0001]

North Dakota; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Dakota (FEMA-4509-DR), dated April 1, 2020, and
related determinations.

DATES: This amendment was issued April 30, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Dakota is hereby amended to include Individual
Assistance limited to the Crisis Counseling Program for those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of April 1, 2020.

    Individual Assistance limited to the Crisis Counseling Program
for all areas in the State of North Dakota (already designated for
emergency protective measures [Category B] not authorized under
other Federal statutes, including direct Federal assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-10184 Filed 5-12-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Page 7802]
[FR Doc No: 2015-02972]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0977]

Drawbridge Operation Regulation; Snohomish River, Everett, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation;
modification of effective date.

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SUMMARY: The Coast Guard is modifying the effective date of a published
temporary deviation from the operating schedule that governs the
Washington State Route 529 (SR 529) twin bridge south bound across the
Snohomish River, mile 3.6, at Everett, WA. The modification of the date
is necessary to further facilitate mechanical adjustment of newly
installed bridge joints. This deviation allows the bridges to remain in
the closed to navigation position for four weeks.

DATES: The deviation published in the Federal Register on November 17,
2014 (79 FR 68365) is effective without actual notice from February 12,
2015 to 11 p.m. on March 4, 2015. For the purposes of enforcement,
actual notice will be used from 7 a.m. on February 2, 2015, until
February 12, 2015.

ADDRESSES: The docket for this deviation, [USCG-2014-0977] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On November 17, 2014, the Coast Guard's
notice of temporary deviation from regulations under the same docket
number, USCG-2014-0977 was published in the Federal Register (79 FR
68365). That document resulted from Washington State Department of
Transportation's (WSDOT) request for a temporary deviation, occurring
from 8 a.m. on January 10, 2015 to 11 p.m. on February 15, 2015, from
the normal operation of the drawbridge to perform adjustments on bridge
joints. Subsequent to the approval of that request, Washington State
Department of Transportation requested a modification to the temporary
deviation for dates in early February, 2015 through early March, 2015
to complete removal of old warn joints, install and adjust new joints.
Coordination between all interested parties determined that all work
could be accomplished during one scheduled closure occurring in early
February, 2015 to early March, 2015. This new scheduling avoids two
separate deviations causing a longer term impact on navigation.
Therefore, through this document, the Coast Guard modifies the dates of
the previously approved temporary deviation. The modification allows
the drawbridge of the SR 529 Twin Bridges south bound, mile 3.6,
crossing the Snohomish River at Everett, WA, to open on demand with at
least twenty four hours of notice for five days, and followed with a
closed-to-navigation position until early March, 2015. The deviation is
effective from 7 a.m. on February 2, 2015, open on demand with at least
a twenty four notice, until 6 a.m. on February 7, 2015. The drawbridge
will then be in the closed-to-navigation position from 7 a.m. on
February 7, 2015 until 11 p.m. on March 4, 2015.
    Notices of the deviation schedule will be published in the
Thirteenth Coast Guard District Local Notice to Mariners and will be
broadcast via the Coast Guard Broadcast Notice to Mariners System. A
Broadcast Notice to Mariners will be used to update mariners of any
changes to the planned schedule for this deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: February 2, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-02972 Filed 2-11-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83125-83129]
[FR Doc No: 2020-28014]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90668; File No. SR-NYSEARCA-2020-107]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges

December 15, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 3, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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\ 15 U.S.C. 78a.
    \3\ 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 amend the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to adjust the credits applicable to a step
up tier for ETP Holders adding liquidity in Round Lots and Odd Lots in
Tapes A, B and C securities with a per share price below $1.00. The
Exchange proposes to implement the fee changes effective December 3,
2020. 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 amend the Fee Schedule to adjust the
credits applicable to a step up tier for ETP Holders \4\ adding
liquidity in Round Lots and Odd Lots in Tapes A, B and C securities
with a per share price below $1.00.
---------------------------------------------------------------------------

    \4\ All references to ETP Holders in connection with this
proposed fee change include Market Makers.
---------------------------------------------------------------------------

    The proposed changes are intended to address an inadvertent mistake
regarding the level of credits applicable to the step up tier adopted
by the Exchange in August 2020.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 89607 (August 18,
2020), 85 FR 52179 (August 24, 2020) (SR-NYSEArca-2020-75).
---------------------------------------------------------------------------

    The Exchange proposes to implement the fee changes effective
December 3, 2020.
Background
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (File No. S7-10-04) (Final
Rule) (``Regulation NMS'').
---------------------------------------------------------------------------

    While Regulation NMS has enhanced competition, it has also fostered
a ``fragmented'' market structure where trading in a single stock can
occur across multiple trading centers. When

multiple trading centers compete for order flow in the same stock, the
Commission has recognized that ``such competition can lead to the
fragmentation of order flow in that stock.'' \7\ Indeed, equity trading
is currently dispersed across 16 exchanges,\8\ numerous alternative
trading systems,\9\ and broker-dealer internalizers and wholesalers,
all competing for order flow. Based on publicly-available information,
no single exchange currently has more than 18% market share.\10\
Therefore, no exchange possesses significant pricing power in the
execution of equity order flow. More specifically, the Exchange
currently has less than 10% market share of executed volume of equities
trading.\11\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 61358, 75 FR 3594,
3597 (January 21, 2010) (File No. S7-02-10) (Concept Release on
Equity Market Structure).
    \8\ See Cboe Global Markets, U.S Equities Market Volume Summary,
available at https://markets.cboe.com/us/equities/market_share. See
generallyhttps://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \9\ See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/AtsIssueData. A list of
alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \10\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/.
    \11\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
move order flow, or discontinue or reduce use of certain categories of
products. While it is not possible to know a firm's reason for shifting
order flow, the Exchange believes that one such reason is because of
fee changes at any of the registered exchanges or non-exchange venues
to which a firm routes order flow. With respect to non-marketable order
flow that would provide liquidity on an Exchange against which market
makers can quote, ETP Holders can choose from any one of the 16
currently operating registered exchanges to route such order flow.
Accordingly, competitive forces constrain exchange transaction fees
that relate to orders that would provide liquidity on an exchange.
    In response to the competitive environment described above, the
Exchange has established incentives for ETP Holders who submit orders
that provide liquidity on the Exchange. The proposed fee change is
designed to attract additional order flow to the Exchange by offering
increased credits for executing Round Lots and Odd Lots in Tapes A, B
and C securities with a share price of less than $1.00 (``Sub-Dollar
Securities'').
Proposed Rule Change
    The Exchange's Fee Schedule currently provides for tiered credits
to ETP Holders adding liquidity in Sub-Dollar Securities. Specifically,
ETP Holders who have an Adding ADV of 1 million shares with a per share
price below $1.00 (``Sub-Dollar Adding Orders''), and who directly
execute providing volume in Sub-Dollar Adding Orders equal to at least
0.20% of the US Consolidated ADV (``CADV'') \12\ with a per share price
below $1.00 (``Sub-Dollar CADV'') over the ETP Holder's July 2020 Sub-
Dollar Adding ADV taken as a percentage of Sub Dollar CADV (``Sub-
Dollar Baseline''), receive a credit for orders that provide liquidity
to the Book in Sub-Dollar Adding Orders, as follows:
---------------------------------------------------------------------------

    \12\ US CADV means the United States Consolidated Average Daily
Volume for transactions reported to the Consolidated Tape, excluding
odd lots through January 31, 2014 (except for purposes of Lead
Market Maker pricing), and excludes volume on days when the market
closes early and on the date of the annual reconstitution of the
Russell Investments Indexes. Transactions that are not reported to
the Consolidated Tape are not included in US CADV. See Fee Schedule,
footnote 3.
---------------------------------------------------------------------------

     0.0005% of the total dollar value for an increase of at
least 0.20% more but less than 0.50% of Sub-Dollar CADV over the Sub-
Dollar Baseline;
     0.0010% of the total dollar value for an increase of at
least 0.50% more but less than 0.75% of Sub-Dollar CADV over the Sub-
Dollar Baseline;
     0.00125% of the total dollar value for an increase of at
least 0.75% more but less than 1.0% of Sub-Dollar CADV over the Sub-
Dollar Baseline; and
     0.0015% of the total dollar value for an increase of at
least 1.0% more of Sub-Dollar CADV over the Sub-Dollar Baseline.
    When the Exchange originally filed in August 2020 to adopt the step
up tier for Sub-Dollar Securities, it inadvertently included two
additional zeroes in the level of the credit. With this proposed rule
change, the Exchange proposes to adjust the level of each of the above
credits on the Exchange's Fee Schedule to the following:
     0.05% of the total dollar value for an increase of at
least 0.20% more but less than 0.50% of Sub-Dollar CADV over the Sub-
Dollar Baseline;
     0.10% of the total dollar value for an increase of at
least 0.50% more but less than 0.75% of Sub-Dollar CADV over the Sub-
Dollar Baseline;
     0.125% of the total dollar value for an increase of at
least 0.75% more but less than 1.0% of Sub-Dollar CADV over the Sub-
Dollar Baseline; and
     0.15% of the total dollar value for an increase of at
least 1.0% more of Sub-Dollar CADV over the Sub-Dollar Baseline.
    The Exchange believes these levels of credit for Sub-Dollar
Securities will continue to incentivize ETP Holders to increase the
liquidity-providing orders in Sub-Dollar Securities they send to the
Exchange, and would support the quality of price discovery on the
Exchange while also providing additional liquidity for incoming orders.
The credits offered by the Exchange for adding liquidity in Sub-Dollar
Securities are intended to increase order flow that would interact with
liquidity present on the Exchange.
    As noted above, the Exchange operates in a competitive environment,
particularly as it relates to attracting non-marketable orders, which
add liquidity to the Exchange. Because the step up tier requires an ETP
Holder to increase the volume of its trades in orders that add
liquidity over that ETP Holder's July 2020 baseline, the Exchange
believes that these credits provide an added incentive for all ETP
Holders to send additional liquidity to the Exchange.
    The Exchange does not know how much order flow ETP Holders choose
to route to other exchanges or to off-exchange venues. The Exchange
believes the credits it offers for adding liquidity in Sub-Dollar
Securities should serve as an incentive for ETP Holders to direct more
of their orders in these securities to the Exchange. However, without
having a view of ETP Holders' activity on other markets and off-
exchange venues, the Exchange has no way of knowing whether this
proposed rule change would result in any ETP Holder directing orders to
the Exchange in order to qualify for the pricing tier. The Exchange
cannot predict with certainty how many ETP Holders would avail
themselves of this opportunity, but additional liquidity-providing
orders would benefit all market participants because it would provide
greater execution opportunities on the Exchange.
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any significant problems
that market participants would have in complying with the proposed
changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with

Section 6(b) of the Act,\13\ in general, and furthers the objectives of
Sections 6(b)(4) and (5) of the Act,\14\ in particular, because it
provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Fee Change Is Reasonable
    As discussed above, the Exchange operates in a highly fragmented
and competitive market. The Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \15\
---------------------------------------------------------------------------

    \15\ See Regulation NMS, 70 FR at 37499.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue to reduce use of certain categories of
products, in response to fee changes. With respect to non-marketable
orders that provide liquidity on an Exchange, ETP Holders can choose
from any one of the 16 currently operating registered exchanges to
route such order flow. Accordingly, competitive forces reasonably
constrain exchange transaction fees that relate to orders that would
provide displayed liquidity on an exchange. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    Given this competitive environment, the proposal represents a
reasonable attempt to attract additional order flow to the Exchange.
    The Exchange believes the proposal to adjust the level of credits
under the step up tier for adding liquidity in Sub-Dollar Securities is
reasonable as it would continue to serve as an incentive to ETP Holders
to send orders in Sub-Dollar Securities directly to NYSE Arca and
therefore provide liquidity that supports the quality of price
discovery and promotes market transparency. The Exchange believes the
pricing tier for Sub-Dollar Securities is reasonable because it allows
ETP Holders to receive increased credits commensurate with their
trading on the Exchange. i.e., the more they trade in Sub-Dollar
Securities, the higher the credit they receive. Moreover, the pricing
tier benefits market participants whose increased order flow provides
meaningful added levels of liquidity thereby contributing to the depth
and market quality on the Exchange.
    The Exchange notes that volume-based incentives and discounts have
been widely adopted by exchanges,\16\ including the Exchange,\17\ and
are reasonable, equitable and non-discriminatory because they are open
to all ETP Holders on an equal basis and provide additional credits
that are reasonably related to the value to an exchange's market
quality and associated higher levels of market activity.
---------------------------------------------------------------------------

    \16\ See e.g., Cboe BZX U.S. Equities Exchange (``BZX'') Fee
Schedule, Footnote 1, Add Volume Tiers which provide enhanced
rebates between $0.0028 and $0.0032 per share for displayed orders
where BZX members meet certain volume thresholds. For Sub-Dollar
Securities, BZX provides a base credit of $0.00009 per share, and
provides additional credits of up to $0.0006 per share under its
Lead Market Maker pricing tier. See BZX Fee Schedule, Add Volume
Tiers under Lead Market Maker Pricing.
    \17\ See e.g., Fee Schedule, Step Up Tier, Step Up Tier 2, Step
Up Tier 3 and Step Up Tier 4, which provide enhanced rebates between
$0.0025 and $0.0033 per share in Tape A Securities, between $0.0022
and $0.0034 per share in Tape B Securities, and between $0.0025 and
$0.0033 per share in Tape C Securities for orders that provide
displayed liquidity where ETP Holders meet certain volume
thresholds.
---------------------------------------------------------------------------

    Against the backdrop of the competitive environment in which the
Exchange currently operates, the proposed rule change is a reasonable
attempt to increase liquidity on the Exchange and improve the
Exchange's market share relative to its competitors.
The Proposed Fee Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes its proposal equitably allocates its fees
among its market participants by fostering liquidity provision and
stability in the marketplace.
    The Exchange believes the proposed rule change is equitable because
it allows ETP Holders to receive increased credits for providing
liquidity in Sub-Dollar Securities. Moreover, the step up pricing tier
is intended to benefit market participants whose order flow in Sub-
Dollar Securities would provide meaningful added levels of liquidity
thereby contributing to the depth and market quality on the Exchange.
There are a number of ETP Holders that currently qualify for the step
up pricing tier and would continue to qualify under the proposed rule
change if they maintain their level of trading in Sub-Dollar Securities
on the Exchange. However, without having a view of ETP Holders'
activity on other markets and on off-exchange venues, the Exchange has
no way of knowing whether this proposed rule change would result in any
additional ETP Holders qualifying for this tier. The Exchange believes
the current pricing tier, which requires an ETP Holder to increase the
volume of its trades in orders that add liquidity over that ETP
Holder's July 2020 baseline, provides an incentive for ETP Holders to
continue to submit liquidity-providing order flow, which promotes price
discovery and increases execution opportunities for all ETP Holders.
The increased credits the Exchange provides therefore encourages the
submission of additional liquidity in Sub-Dollar Securities to a
national securities exchange, thus promoting price discovery and
transparency and enhancing order execution opportunities for ETP
Holders from the substantial amounts of liquidity present on the
Exchange, which benefits all market participants on the Exchange.
    The Exchange believes that offering higher step up credits for
providing liquidity if the step up requirements for Sub-Dollar
securities are met, will continue to attract increased order flow and
liquidity to the Exchange, thereby providing additional price
improvement opportunities on the Exchange and benefiting investors
generally. As to those market participants that do not qualify for the
adding liquidity credits by increasing order flow and liquidity, the
proposal will not adversely impact their existing pricing or their
ability to qualify for other credits provided by the Exchange.
The Proposed Fee Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, ETP Holders
are free to disfavor the Exchange's pricing if they believe that
alternatives offer them better value.
    The proposal is also not unfairly discriminatory because it neither
targets nor will it have a disparate impact on any particular category
of market participant.
    The Exchange believes it is not unfairly discriminatory to provide
incrementally higher credits in Sub-Dollar Securities because the
higher credits would encourage all ETP Holders to provide additional
liquidity on the Exchange in Sub-Dollar Securities. The current pricing
tier also

serves as an incentive to ETP Holders to increase the number of orders
in Sub-Dollar Securities sent directly to NYSE Arca in order to qualify
for, and receive, increased credits. The Exchange believes that the
proposed rule change provides an incentive for ETP Holders to send
additional liquidity to the Exchange in order to qualify for increased
credits. The Exchange also believes that the proposed change is not
unfairly discriminatory because it is reasonably related to the value
to the Exchange's market quality associated with higher volume.
    The Exchange believes that the proposed rule change is not unfairly
discriminatory because maintaining or increasing the proportion of Sub-
Dollar Securities that are executed on a registered national securities
exchange (rather than relying on certain available off-exchange
execution methods) contributes to investors' confidence in the fairness
of their transactions and benefits all investors by deepening the
Exchange's liquidity pool, supporting the quality of price discovery,
promoting market transparency and improving investor protection.
Finally, the submission of orders in Sub-Dollar Securities to the
Exchange is optional for ETP Holders in that they can choose whether
and to what extent to submit such orders to the Exchange.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\18\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for ETP Holders. As a result, the Exchange believes that the proposed
change furthers the Commission's goal in adopting Regulation NMS of
fostering integrated competition among orders, which promotes ``more
efficient pricing of individual stocks for all types of orders, large
and small.'' \19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b)(8).
    \19\ See Regulation NMS, 70 FR at 37498-99.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed changes are designed to
respond to the current competitive environment and to attract
additional order flow to the Exchange. The Exchange believes that the
proposed changes would continue to incentivize market participants to
direct order flow to the Exchange. Greater liquidity benefits all
market participants on the Exchange by providing more trading
opportunities and encourages ETP Holders to send orders, thereby
contributing to robust levels of liquidity, which benefits all market
participants on the Exchange. The credits for trading in Sub-Dollar
Securities would be available to all similarly-situated market
participants, and, as such, the proposed change would not impose a
disparate burden on competition among market participants on the
Exchange. As such, the Exchange believes the proposed amendments to its
Fee Schedule would not impose any burden on intramarket competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. As noted
above, the Exchange's market share of intraday trading (i.e., excluding
auctions) is currently less than 10%. In such an environment, the
Exchange must continually adjust its fees and rebates to remain
competitive with other exchanges and with off-exchange venues. Because
competitors are free to modify their own fees and credits in response,
and because market participants may readily adjust their order routing
practices, the Exchange does not believe its proposed fee change can
impose any burden on intermarket competition.
    The Exchange believes that the proposed change could promote
competition between the Exchange and other execution venues, including
those that currently offer similar order types and comparable
transaction pricing, by encouraging additional orders to be sent to the
Exchange for execution.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \20\ of the Act and subparagraph (f)(2) of Rule
19b-4 \21\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 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_ADDRESS>Please include
File Number SR-NYSEARCA-2020-107 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-NYSEARCA-2020-107. 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-
NYSEARCA-2020-107 and should be submitted on or before January 11,
2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28014 Filed 12-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Pages 39341-39344]
[FR Doc No: 2023-12934]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0439; Project Identifier MCAI-2022-01263-T;
Amendment 39-22449; AD 2023-11-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by a report that a design deficiency was discovered which
could allow a no-back pawl to be incorrectly installed in a horizontal
stabilizer trim actuator (HSTA). This AD requires a check for part
number and serial numbers of the HSTA, and if necessary, inspection of
the no-back pawl installation, and corrective action. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 21, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 21,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0439; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-0439.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on March 24, 2023 (88 FR 17748). The NPRM was prompted by AD
CF-2022-55, dated September 21, 2022, issued by Transport Canada, which
is the aviation authority for Canada (referred to after this as the
MCAI). The MCAI states that during an unscheduled inspection, a design
deficiency was discovered which could allow a no-back pawl to be

incorrectly installed in an HSTA. The no-back mechanism is a primary
means to prevent back driving of the HSTA, and the motor brake
assemblies (MBAs) are the secondary means. If this condition is not
corrected, a non-functioning no-back mechanism in combination with loss
of, or degraded HSTA MBA braking capability, could lead to a loss of
control of the airplane. The MCAI also states that as a mitigating
action, Transport Canada AD CF-2019-23, dated June 18, 2019, was issued
to mandate a software upgrade for the horizontal stabilizer trim
electronic control unit to verify the MBA for braking capability during
the power up test on certain Bombardier, Inc., Model BD-100-1A10
airplanes. Transport Canada AD CF-2019-23 corresponds to FAA AD 2019-
15-04, Amendment 39-19697 (84 FR 38862, August 8, 2019) (AD 2019-15-
04).
    In the NPRM, the FAA proposed to require a check for part number
and serial numbers of the HSTA, and if necessary, inspection of the no-
back pawl installation, and corrective action. The FAA is issuing this
AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0439.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from an individual who supported the
SNPRM/NPRM without change.

Additional Changes to This AD

    The FAA has revised paragraph (h) of this AD to clarify the parts
installation prohibition applies only to any HSTA with P/N C47100-003
or P/N C47100-004 that does not have either the suffix-K following the
serial number or a modification plate showing ``SB C47100-27-02'' or
``SB C47100-27-03.'' In the NPRM, the FAA had inadvertently stated that
installation of an HSTA with a modification plate showing ``SB C47100-
27-02'' or ``SB C47100-27-03'' was prohibited.

Conclusion

    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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
change, this AD is adopted as proposed in the NPRM. None of the changes
will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletins 100-27-20 and 350-27-
009, both Revision 01, both dated December 1, 2020. This service
information specifies procedures for a check for part number and serial
numbers of the HSTA, and if necessary, inspection of the no-back pawl
installation and corrective action. Corrective actions include
replacement of the HSTA, and a re-identification and test of the HSTA.
These documents are distinct since they apply to different airplane
configurations. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD will affect 703 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost                     Parts cost             Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 2 work-hours x $85 per hour  None.....................  Up to $170..............  Up to $119,510.
 = Up to $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
airplanes that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost               Parts cost       Cost per product
------------------------------------------------------------------------
Up to 25 work-hours x $85 per            $2,905   Up to $5,030.
 hour = Up to $2,125.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (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 Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-11-04 Bombardier, Inc.:
Amendment 39-22449; Docket No. FAA-2023-0439; Project Identifier
MCAI-2022-01263-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 21, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, having serial number 20003
and subsequent.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that a design deficiency was
discovered which could allow a no-back pawl to be incorrectly
installed in a horizontal stabilizer trim actuator (HSTA). The FAA
is issuing this AD to address incorrectly installed no-back pawls.
The unsafe condition, if not addressed, could result in a non-
functioning no-back mechanism, which, in combination with loss of or
degraded HSTA motor brake assembly (MBA) braking capability, could
lead to a loss of control of the airplane.

(f) Compliance

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

(g) Records Check and Corrective Actions

    Within 60 months after the effective date of this AD, check the
airplane maintenance records or do a visual check to determine the
part and serial numbers of the HSTA.
    (1) If the part number is C47100-005: No further action is
required by this paragraph.
    (2) If the part number is C47100-004 and the serial number ends
with the suffix-K: No further action is required by this paragraph.
    (3) If the serial number is listed in the table referred to in
paragraph 2.B.(4) of the Accomplishment Instructions of the
applicable Bombardier service bulletin identified in figure 1 to
paragraph (g)(3) of this AD: Within 60 months from the effective
date of this AD, inspect the HSTA no-back mechanism pawls in
accordance with paragraph 2.C. of the Accomplishment Instructions of
the applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD.
    (i) If one or more pawls are not correctly installed: Before
further flight, replace the HSTA in accordance with paragraph 2.E.
of the Accomplishment Instructions of the applicable service
bulletin identified in figure 1 to paragraph (g)(3) of this AD.
    (ii) If all the pawls are correctly installed, re-identify and
test the HSTA, and do all applicable corrective actions, in
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment
Instructions of the applicable service bulletin identified in figure
1 to paragraph (g)(3) of this AD.

      Figure 1 to Paragraph (g)(3)--Applicable Service Information
------------------------------------------------------------------------
                                                Applicable bombardier
              Airplane model                      service bulletin
------------------------------------------------------------------------
BD-100-1A10 (CH300 marketing).............  100-27-20, Revision 01,
                                             dated December 1, 2020.
BD-100-1A10 (CH 350 marketing)............  350-27-009, Revision 01,
                                             dated December 1, 2020.
------------------------------------------------------------------------

    (4) If the serial number is listed in the table referred to in
paragraph 2.B.(5) of the Accomplishment Instructions of the
applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD: Within 60 months from the effective date of this
AD, add a modification plate to the HSTA in accordance with
paragraph 2.D. of the Accomplishment Instructions of the applicable
service bulletin identified in figure 1 to paragraph (g)(3) of this
AD.
    (5) If the records check is inconclusive, or if a visual check
instead of a records check of the HSTA was accomplished: Within 60
months from the effective date of this AD, verify the part numbers
and serial numbers of the HSTA, and verify the modification plate,
in accordance with paragraph 2.B. of the Accomplishment Instructions
of the applicable service bulletin identified in figure 1 to
paragraph (g)(3) of this AD.
    (i) If the HSTA has part number (P/N) C47100-005: No further
action is required by this paragraph.
    (ii) If the HSTA has P/N C47100-004 and a serial number that
ends with the suffix-K, or if the modification plate contains ``SB
C47100-27-02'' or ``SB C47100-27-03'': No further action is required
by this paragraph.
    (iii) If the serial number is listed in the table referred to in
paragraph 2.B.(4) of the Accomplishment Instructions of the
applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD: Within 60 months from the effective date of this
AD, inspect the HSTA no-back mechanism pawls in accordance with
paragraph 2.C. of the Accomplishment Instructions of the applicable
service bulletin identified in figure 1 to paragraph (g)(3) of this
AD.
    (A) If one or more pawls are not correctly installed, before
further flight, replace the HSTA in accordance with Paragraph 2.E.
of the Accomplishment Instructions of the applicable service
bulletin identified in figure 1 to paragraph (g)(3) of this AD.
    (B) If all the pawls are correctly installed, re-identify and
test the HSTA, and do all applicable corrective actions, in
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment
Instructions of the applicable service bulletin identified in figure
1 to paragraph (g)(3) of this AD.
    (iv) If the serial number is listed in the table referred to in
paragraph 2.B.(5) of the Accomplishment Instructions of the
applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD: Within 60 months from the effective date of this
AD, add a modification plate to the HSTA in accordance with
paragraph 2.D. of the Accomplishment Instructions of the applicable
service bulletin identified in figure 1 to paragraph (g)(3) of this
AD.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an
HSTA with P/N C47100-003 or P/N C47100-004 that does not have either
the suffix-K following the serial number or a modification plate
showing ``SB C47100-27-02'' or ``SB C47100-27-03'' on any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the applicable service information identified
in paragraphs (i)(1) and (2) of this AD.
    (1) Bombardier Service Bulletin 100-27-20, dated November 9,
2020.
    (2) Bombardier Service Bulletin 350-27-009, dated November 9,
2020.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly

to the manager of the International Validation Branch, mail it to
ATTN: Program Manager, Continuing Operational Safety, at the address
identified in paragraph (k)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2022-55, dated September 21,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0439.
    (2) For more information about this AD, contact Chirayu Gupta,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 100-27-20, Revision 01, dated
December 1, 2020.
    (ii) Bombardier Service Bulletin 350-27-009, Revision 01, dated
December 1, 2020.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-12934 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78319-78320]
[FR Doc No: 2010-31490]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63515; File No. SR-EDGX-2010-23]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGX Rule 11.13 To Extend the Operation of a Pilot Pursuant to Rule
11.13 Until April 11, 2011

December 10, 2010.
    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 December 9, 2010, the EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the 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 amend EDGX Rule 11.13 to extend the
operation of a pilot pursuant to the Rule until April 11, 2011. The
text of the proposed rule change is available on the Exchange's Web
site at http://www.directedge.com, at the Exchange's principal office,
on the Commission's Web site at http://www.sec.gov, and at the Public
Reference Room of the Commission.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The purpose of this filing is to extend the effectiveness of the
Exchange's current rule applicable to Clearly Erroneous Executions,
Rule 11.13. The rule, explained in further detail below, was approved
to operate under a pilot program set to expire on December 10, 2010.
The Exchange proposes to extend the pilot program to April 11, 2011.
    On September 10, 2010, the Commission approved, on a pilot basis,
changes to EDGX Rule 11.13 to provide for uniform treatment: (1) Of
clearly erroneous execution reviews in multi-stock events involving
twenty or more securities; and (2) in the event transactions occur that
result in the issuance of an individual stock trading pause by the
primary market and subsequent transactions that occur before the
trading pause is in effect on the Exchange.\3\ The Exchange also
adopted additional changes to Rule 11.13 that reduced the ability of
the Exchange to deviate from the objective standards set forth in Rule
11.13.\4\ The

Exchange believes the benefits to market participants from the more
objective clearly erroneous executions rule should be approved to
continue on a pilot basis.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGX-2010-03).
    \4\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\5\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
review of transactions as clearly erroneous.
---------------------------------------------------------------------------

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

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\ The Exchange has asked the Commission to
waive the 30-day operative delay so that the proposal may become
operative immediately upon filing. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver will allow the
pilot program to continue uninterrupted and help ensure uniformity
among the national securities exchanges and FINRA with respect to the
treatment of clearly erroneous transactions.\8\ Accordingly, the
Commission waives the 30-day operative delay requirement and designates
the proposed rule change as operative upon filing with the Commission.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self- regulatory organization submit to
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 filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that the Exchange has satisfied
this requirement.
    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2010-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-EDGX-2010-23. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
EDGX-2010-23 and should be submitted on or before January 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31490 Filed 12-14-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31428-31429]
[FR Doc No: 2013-12478]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0270; Airspace Docket No. 13-AGL-4]

Proposed Amendment of Class D Airspace; Columbus, Rickenbacker
International Airport, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D airspace at Rickenbacker
International Airport, Columbus, OH. Changes to the airspace
description are necessary due to the closure of South Columbus Airport.
The FAA is taking this action to enhance the safety and management of
Instrument Flight Rules (IFR) operations for standard instrument
approach procedures at the airport. The airport name and geographic
coordinates would also be updated.

DATES: Comments must be received on or before July 8, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-0270/Airspace Docket No. 13-
AGL-4, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2013-0270/
Airspace Docket No. 13-AGL-4''. The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending Class D airspace at Rickenbacker
International Airport, Columbus, OH, to reflect the closure of South
Columbus Airport. The exclusion of controlled airspace within a 1.3-
mile radius of South Columbus Airport is no longer needed and would be
removed from the airspace description, restoring Class D airspace to
within a 4.5-mile radius of Rickenbacker International Airport for the
safety and management of IFR operations. The airport name would also be
updated from Rickenbacker Airport to Rickenbacker International
Airport, and the airport's geographic coordinates would be updated to
coincide with the FAA's aeronautical database.
    Class D airspace areas are published in Paragraph 5000 of FAA Order
7400.9W, dated August 8, 2012 and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The Class D airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority

described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would amend controlled airspace at Rickenbacker
International Airport, Columbus, OH.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL OH D Columbus, Rickenbacker International Airport, OH [Amended]

Columbus, Rickenbacker International Airport, OH
    (Lat. 39[deg]48'50'' N., long. 82[deg]55'40'' W.)

    That airspace extending upward from the surface to and including
3,000 feet MSL within a 4.5-mile radius of Rickenbacker
International Airport, excluding that airspace within the Port
Columbus International Airport, OH, Class C airspace area.

    Issued in Fort Worth, TX on May 3, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-12478 Filed 5-23-13; 8:45 am]
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