[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Notices]
[Pages 39403-39404]
[FR Doc No: 2011-16828]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Request for Notification From Industry Organizations Interested
in Participating in the Selection Process for a Nonvoting Industry
Representative and Request for Nominations for a Nonvoting Industry
Representative on an FDA Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting that any
industry organizations interested in participating in the selection of
a nonvoting industry representative to serve on its Cellular, Tissue,
and Gene Therapies Advisory Committee notify FDA in writing. FDA is
also requesting nominations for nonvoting industry representatives to
serve its Cellular, Tissue, and Gene Therapies Advisory Committee. A
nominee may either be self-nominated or nominated by an organization to
serve as a nonvoting industry representative. Nomination will be
accepted for current vacancies effective with this notice.

DATES: Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interests must send a letter stating that interest to FDA by August 5,
2011, for vacancies listed in the notice. Concurrently, nomination
material for prospective candidates should be sent to FDA by August 5,
2011.

ADDRESSES: All letters of interest and nominations should be submitted
in writing to Gail Dapolito (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Gail Dapolito, Center for Biologics
Evaluation and Research (HFM-71), Food and Drug Administration, 1401
Rockville Pike, Rockville, MD 20852-

1448,<PHONE_NUMBER>; Fax:<PHONE_NUMBER>; E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Cellular, Tissue, and Gene Therapies Advisory Committee

    The Agency requests nominations for a nonvoting industry
representative on the Cellular, Tissue, and Gene Therapies Advisory
Committee. The Cellular, Tissue, and Gene Therapies Advisory Committee
advises the Commissioner of Food and Drugs (the Commissioner) or
designee in discharging responsibilities as they relate to the
regulation of cellular and gene therapy products.
    This committee has 13 voting members. Members are asked to provide
their expert scientific and technical advice to FDA to help make sound
decisions on the safety, effectiveness, appropriate use, and labeling
of cellular and gene therapy products.

II. Selection Procedure

    Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interests should send a letter stating that interest to the FDA contact
(see FOR FURTHER INFORMATION CONTACT) within 30 days of publication of
this document (see DATES). Within the subsequent 30 days, FDA will send
a letter to each organization that has expressed an interest, attaching
a complete list of all such organizations; and a list of all nominees
along with their current resumes. The letter will also state that it is
the responsibility of the interested organizations to confer with one
another and to select a candidate, within 60 days after the receipt of
the FDA letter, to serve as the nonvoting member to represent industry
interests for the Cellular, Tissue, and Gene Therapies Advisory
Committee. The interested organizations are not bound by the list of
nominees in selecting a candidate. However, if no individual is
selected within 60 days, the Commissioner will select the nonvoting
member to represent industry interests.

III. Application Procedure

    Individuals may self nominate and/or an organization may nominate
one or more individuals to serve as a nonvoting industry
representative. A current curriculum vitae and the name of the
committee of interest should be sent to the FDA contact person (see FOR
FURTHER INFORMATION CONTACT) within the 30 days (see DATES). FDA will
forward all nominations to the organizations expressing interest in
participating in the selection process for the committee. (Persons who
nominate themselves as nonvoting industry representatives will not
participate in the selection process).
    FDA has a special interest in ensuring that women, minority groups,
individuals with physical disabilities, and small businesses are
adequately represented on its advisory committees, and therefore,
encourages nominations for appropriately qualified candidates from
these groups. Specifically, in this document, nominations for nonvoting
representatives of industry interests are encouraged from the cellular
and gene therapy products biotech industry.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: June 29, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-16828 Filed 7-5-11; 8:45 am]
BILLING CODE 4160-01-P


January 19, 2023

Mr. Daniel Blackman, Regional Administrator
U.S. EPA, Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303

Re:	Tennessee Startup, Shutdown and Malfunction (SSM) SIP Call Chapter 1200-03-20
	Supplemental Submittal

Dear Mr. Blackman:

The Tennessee Department of Environment and Conservation's Division of Air Pollution Control (TDEC-APC) is submitting the attached supplemental submittal for revisions of State of Tennessee Chapter 1200-03-20 to comply with the requirements of the Startup, Shutdown and Malfunction (SSM) SIP Call Final rule dated May 22, 2015.

This submittal is a combination of previously submitted rule revisions that were approved by the Tennessee Air Pollution Control Board. TDEC-APC worked closely with EPA Region 4 staff to consolidate previous submittals and clarify the meaning an itent of these rule changes to comply with the SSM requirements.  In this supplemental submittal we request that paragraph 1200-03-20-.03 and 1200-03-20-.06(05) not be considered for inclusion in the SIP.  Additionally, EPA Region 4 has asked for a summary of the rationale for removal of paragraph 1200-03-20-.06 (Scheduled Maintenance) from the State regulations.  A memorandum for tis action is provided as an attachment.

If you have any questions or comments concerning the enclosed materials, please contact Paul LaRock at<PHONE_NUMBER> or via e-mail at<EMAIL_ADDRESS>
Sincerely,

Michelle W. Owenby
Division Director
Air Pollution Control

Ecc:	Caroline Freeman, Division Director, Air & Radiation Division, EPA Region 4
      Lynorae Benjamin, Chief, Air Planning & Implementation Branch, EPA Region 4


[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71431-71432]
[FR Doc No: 2011-29783]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Civil Penalty Calculation Methodology

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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

SUMMARY: FMCSA is currently evaluating its civil penalty methodology.
Part of this evaluation includes a forthcoming explanation of the
Uniform Fine Assessment (UFA) algorithm, which FMCSA currently uses for
calculation of civil penalties. UFA takes into account the statutory
penalty factors under 49 U.S.C. 521(b)(2)(D). The evaluation will also
consider penalties for small businesses, including the effect of the
Small Business Regulatory Enforcement Fairness Act (SBREFA) on those
penalties. The purpose of this notice is to clarify the FMCSA
methodology for calculation of certain civil penalties. To induce
compliance with federal regulations, FMCSA will impose a minimum civil
penalty that is calculated by UFA. In many cases involving small
businesses, the penalty will be lower than a large business under
similar circumstances.

DATES: This clarification of penalty methodology is effective for all
Notices of Claim issued on or after November 17, 2011.

FOR FURTHER INFORMATION CONTACT: Charles Fromm, Office of Chief
Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001, by telephone at<PHONE_NUMBER>
or via email at<EMAIL_ADDRESS>Office hours are from 9 a.m. to
5 p.m. ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: In determining the amount of civil penalties
for violations of the Federal regulations it administers, FMCSA must
take into account ``the nature, circumstances, extent, and gravity of
the violation committed and, with respect to the violator, the degree
of culpability, history of prior offenses, ability to pay, effect on
ability to continue to do business, and such other matters as justice
and public safety may require.'' 49 U.S.C. 521(b)(2)(D). Significantly,
overlaying the nine factors, section 521(b)(2)(D) also requires that
the assessed penalty be ``calculated to induce further compliance.''
Id. The Agency may consider certain additional factors, pursuant to the
SBREFA, Public Law 104-121, Sec.  201 (Mar. 29, 1996).
    To take into account the nine statutory factors under Sec.
521(b)(2)(D) in a manner that results in penalties consistent between
carriers of similar circumstances, FMCSA uses an automated policy tool
called the UFA. The UFA policy has been in effect since 1994. Under a
long line of administrative rulings, starting with Alfred Chew & Martha
Chew, dba Alfred & Martha Chew Trucking, FHWA-1996-5323 (Final Order,
Feb. 7 1996), FMCSA and its predecessor agency have held that UFA ``is
presumed to comply with the requirement of 49 U.S.C. 521.''
    One feature of the UFA program, which takes into account ability to
pay and ability to continue to do business, is the Gross Revenue Cap.
The Gross Revenue Cap is determined by multiplying the motor carrier's
adjusted gross revenue by a statutory criteria adjustment score. This
score is based on the Agency assessment of the violations and the
statutory factors.
    In Paul Michels dba Paul Michels Trucking, (Jan. 27, 2001), the
Acting Chief Safety Officer took official notice of UFA. In the Final
Order on reconsideration in Paul Michels, the Acting Chief Safety
Officer found that UFA considered SBREFA by virtue of the Gross Revenue
Cap. In a recent administrative review of a proposed civil penalty, the
FMCSA Assistant Administrator held that the calculated penalty for a
small business in that case, $1,980, could not exceed the Gross Revenue
Cap calculated by UFA, which was $490. Pioneer Drum & Bugle Corps &
Color Guard, Inc., FMCSA-2008-0012 (Final Order Oct. 4, 2011).
    UFA is not, and never was, intended for use where the total
proposed penalty is less than $2,000, however. In such cases, the UFA
algorithm may generate a gross revenue cap that is too low to
effectively induce compliance with the Federal Motor Carrier Safety
Regulations, Federal Hazardous Materials Regulations, and the Federal
Motor Carrier Commercial Regulations. Moreover, the administrative
burden on the Agency of issuing, settling or adjudicating, and
monitoring payment of such low penalty amounts renders this activity
contrary to the public interest.
    FMCSA therefore will issue a penalty that is equal to the UFA-
calculated penalty in all civil enforcement actions when the Gross
Revenue cap is $2,000 or less, even if the Gross Revenue Cap is lower
than the calculated penalty. So more precisely, if the UFA per-count
calculated penalty and the Gross Revenue Cap are both less than $2,000,
then the penalty will be the lower of (a) $2,000, or (b) the total of
all the per count penalties. In addition, UFA provides a range within
which enforcement personnel may exercise discretion over the penalty to
be issued, taking into account the statutory factors.
    In recognition of SBREFA, FMCSA will impose a penalty that is 20
percent higher against for-hire motor carriers of property with annual
gross revenue equal to or greater than $25.5 million, which is the
Small Business Administration's current threshold for small businesses
in the trucking industry. FMCSA may continue to reduce the calculated
penalty, in its discretion, pursuant to the requirement in section
521(b)(2)(D) that it take into consideration the violator's ability to
pay and effect of the penalty on the violator's ability to continue to
do business.
    If the Gross Revenue Cap is greater than $2,000 and the calculated
penalty is greater than the Gross Revenue Cap, the penalty will
continue to be limited to the Gross Revenue Cap, subject to the
possible adjustment above and any discretionary reduction based on the
motor carrier's ability to pay and ability to continue to do business.
For cases where the Gross Revenue Cap is at or above $2,000, UFA
appropriately takes SBREFA into account, and the Gross Revenue Cap will
apply. In addition to the above, in all cases, FMCSA may increase or
decrease the calculated penalty based on other matters as justice and
public safety may require, which is consistent with 49 U.S.C.
521(b)(2)(D).
    SBREFA generally requires agencies to provide for the reduction or
waiver of civil penalties for violations of a statutory or regulatory
requirement by a small business. SBREFA includes several exceptions to
such reductions or waivers, including where the small business has been
subject to multiple enforcement actions, where there has been willful
or criminal conduct or in cases where the violations pose a serious
health, safety, or environmental threat. SBREFA provides agencies with
the flexibility to determine how it will reduce or waive penalties for
small businesses. FMCSA believes that a 20 percent difference in
penalties between large and small businesses of similar circumstances
is a reasonable exercise of the Agency's discretion and balances the
principles of SBREFA with the requirement of 49 U.S.C. 521 to calculate
penalties that are designed to induce further compliance with federal
laws and regulations. FMCSA also notes that, pursuant to 49 U.S.C.
113(b), safety must be the Agency's highest priority, and FMCSA's
mission to reduce highway deaths and injuries will often require it to
refrain from reducing

penalties for small businesses where one of the exceptions to SBREFA
applies. Consistent with past practice and the Agency's position in
Paul Michels regarding SBREFA, FMCSA will continue to limit penalties
to the UFA-generated Gross Revenue Cap where that cap exceeds $2,000.
In no case will an assessed penalty exceed a statutory maximum.

    Issued on: November 10, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-29783 Filed 11-16-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68610-68613]
[FR Doc No: 2022-24902]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0885; Project Identifier MCAI-2021-01429-T;
Amendment 39-22209; AD 2022-21-10]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 &
702); CL-600-2C11 (Regional Jet Series 550); CL-600-2D15 (Regional Jet
Series 705); CL-600-2D24 (Regional Jet Series 900); and CL-600-2E25
(Regional Jet Series 1000) airplanes. This AD was prompted by reports
that the landing gear age of certain airplanes was higher than expected
for gear overhaul, which could increase the risk of corrosion. This AD
requires verifying the calendar age of the nose landing gear (NLG) and
main

landing gear (MLG) by way of component maintenance documents, and
performing corrective actions if necessary. This AD also prohibits
installing certain components. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective December 21, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 21,
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0885; 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 MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone<PHONE_NUMBER> or direct-dial telephone
450-990-7272; fax<PHONE_NUMBER>; email mhirj.com">[email protected]mhirj.com; website
mhirj.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-2022-0885.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; 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 all MHI RJ Aviation ULC
Model CL-600-2C10 (Regional Jet Series 700, 701 & 702); CL-600-2C11
(Regional Jet Series 550); CL-600-2D15 (Regional Jet Series 705); CL-
600-2D24 (Regional Jet Series 900); and CL-600-2E25 (Regional Jet
Series 1000) airplanes. The NPRM published in the Federal Register on
July 21, 2022 (87 FR 43450). The NPRM was prompted by AD CF-2021-49,
dated December 20, 2021, issued by Transport Canada Civil Aviation
(TCCA), which is the aviation authority for Canada (referred to after
this as the MCAI). The MCAI states that the landing gear age of certain
airplanes was higher than expected for gear overhaul. The MCAI notes
that undetected corrosion could lead to MLG and/or NLG collapse, and
consequent damage to the airplane and injury to the occupants.
    In the NPRM, the FAA proposed to require verifying the calendar age
of the NLG and MLG by way of component maintenance documents, and
performing corrective actions if necessary. The NPRM also proposed to
prohibit installing certain components. 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-2022-0885.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

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 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 changes, 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

    MHI RJ has issued Service Bulletin 670BA-32-062, dated December 2,
2021. This service information describes procedures for, among other
actions, verifying the calendar age of the NLG and MLG by way of
component maintenance documents and for removing affected landing gear
components and replacing them with serviceable components. 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 affects 624 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................              $0             $340         $212,160
----------------------------------------------------------------------------------------------------------------

    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
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 32 work-hours x $85 per     Up to $340,000....  Up to $342,720.
 hour = Up to $2,720.
------------------------------------------------------------------------

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:

2022-21-10 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-22209; Docket No. FAA-2022-0885;
Project Identifier MCAI-2021-01429-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 21,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC airplanes identified
in paragraphs (c)(1) through (5) of this AD, certificated in any
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702).
    (2) Model CL-600-2C11 (Regional Jet Series 550).
    (3) Model CL-600-2D15 (Regional Jet Series 705).
    (4) Model CL-600-2D24 (Regional Jet Series 900).
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Unsafe Condition

    This AD was prompted by reports that the landing gear age of
certain airplanes was higher than expected for gear overhaul. The
FAA is issuing this AD to address the possibility of undetected
corrosion due to landing gear age that could lead to main landing
gear (MLG) and/or nose landing gear (NLG) collapse, and consequent
damage to the airplane and injury to the occupants.

(f) Compliance

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

(g) Determination of Component Calendar Age

    Within 90 days after the effective date of this AD: Verify the
airplane and/or the airplane technical records to determine whether
any MLG and NLG components are affected components based on their
calendar age, in accordance with Section 2, Part A, of the
Accomplishment Instructions of MHI RJ Service Bulletin (SB) 670BA-
32-062, Revision A, dated December 2, 2021.

(h) Removal and Replacement of Affected NLG Components

    (1) Within the applicable compliance time indicated in figure 1
to paragraph (h) of this AD: Remove the affected NLG components
identified in paragraph (g) of this AD in accordance with Section 2,
Part B, of the Accomplishment Instructions of MHI RJ SB 670BA-32-
062, Revision A, dated December 2, 2021.
    (2) Before further flight after removal of the affected
components, replace the removed components with serviceable
components, in accordance with Section 2, Part D, of the
Accomplishment Instructions of MHI RJ SB 670BA-32-062, Revision A,
dated December 2, 2021.

[GRAPHIC] [TIFF OMITTED] TR16NO22.004

(i) Removal and Replacement of Affected MLG Components

    (1) Within the applicable compliance time indicated in figure 1
to paragraph (h) of this AD: Remove the affected MLG components
identified in paragraph (g) of this AD in accordance with Section 2,
Part E or H, as applicable, of the Accomplishment Instructions of
MHI RJ SB 670BA-32-062, Revision A, dated December 2, 2021.
    (2) Before further flight after removing the affected
components, replace the removed components with serviceable
components, in accordance with Section 2, Part G or J, as
applicable, of the Accomplishment Instructions of MHI RJ SB 670BA-
32-062, Revision A, dated December 2, 2021.

(j) Parts Installation Limitation

    (1) As of the effective date of this AD, no person may install,
on any airplane, any MLG or NLG component with a calendar age of 12
years or more unless it has been overhauled in accordance with
Section 2, Part C, F, or I, as applicable, of the Accomplishment
Instructions of MHI RJ SB 670BA-32-062, Revision A, dated December
2, 2021.
    (2) As of the effective date of this AD, any MLG or NLG
component with a calendar age of less than 12 years may be installed
on any airplane, provided it is overhauled in accordance with
Section 2 Part C, F, or I, as applicable, of the Accomplishment
Instructions of MHI RJ SB 670BA-32-062, Revision A, dated December
2, 2021, prior to reaching 12 years' component calendar age.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. 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, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.

(l) Additional Information

    (1) Refer to TCCA AD CF-2021-49, dated December 20, 2021, for
related information. This TCCA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-0885.
    (2) For more information about this AD, contact Jiwan
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(m) 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) MHI RJ Service Bulletin 670BA-32-062, Revision A, dated
December 2, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact MHI
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone<PHONE_NUMBER> or direct-dial
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email mhirj.com">[email protected]mhirj.com;
website mhirj.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 October 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24902 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Proposed Rules]
[Pages 44563-44565]
[FR Doc No: 2019-18287]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0609; Product Identifier 2019-NM-054-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A350-941 airplanes. This proposed AD was
prompted by a report of dislodged passenger door girt bars. This
proposed AD would require modification of the girt bar retention
mechanism of the affected doors, as specified in a European Union
Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by October 10,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0609.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0609; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0609;
Product Identifier 2019-NM-054-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0076, dated March 29, 2019
(``EASA AD 2019-0076'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A350-941 airplanes. The MCAI states:

    In-service events of passenger door girt bar dislodgement have
been reported by A350 operators. Further investigations revealed
that the most likely causes of these events are closing of a door
with excessive force, or interference with girt bar during on-ground
service activities, or a combination of these.
    This condition, if not corrected, could lead to the functional
loss of the affected door slide, possibly preventing safe evacuation
of aeroplane occupants during an emergency.
    To address this potential unsafe condition, Airbus developed
production mod 112115 to reinforce the girt bar retention, and
published the applicable SB [service bulletin] to provide
instructions for in-service modification.
    Following issuance of the applicable SB at original issue and
Revision 01, Airbus published SBIT 19-0010 to inform operators about
the correct nut reference to be used for installation of the doors
1, 2, 3 and 4, LH [left-hand] and RH [right-hand] for MSNs
[manufacturer serial numbers] 0005 to 0058 and to clarify the
additional placard marking procedure.
    For the reasons described above, this [EASA] AD requires
modification of girt bar retention mechanism of the affected doors.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0076 describes procedures for modification of the girt
bar retention mechanism of the affected doors.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0076 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2019-0076 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2019-0076, through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Using common terms that are the same as the
heading of a particular section in the EASA AD does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD.
Service information specified in EASA AD 2019-0076 that is required for
compliance with EASA AD 2019-0076 will be available on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0609 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 12 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
52 work-hours x $85 per hour = $4,420........................         $90,000          $94,420       $1,133,040
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Will not affect intrastate aviation in Alaska; and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus SAS: Docket No. FAA-2019-0609; Product Identifier 2019-NM-
054-AD.

(a) Comments Due Date

    The FAA must receive comments by October 10, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a report of dislodged passenger door
girt bars. The FAA is issuing this AD to address dislodged girt
bars, which could result in functional loss of the affected door
slide and possibly prevent safe evacuation during an emergency.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0076, dated March 29, 2019 (``EASA AD 2019-0076'').

(h) Exceptions to EASA AD 2019-0076

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0076 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0076 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0076 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2019-0076, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2019-0076 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0609.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on August 15, 2019.
Michael Millage,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-18287 Filed 8-23-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]
[Page 27583-27585]
[DOCID:fr13my08-96]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57782; File No. SR-BSECC-2008-01]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by the Boston Stock Exchange Clearing Corporation Relating to
Amendment of Its Articles of Organization and By-Laws in Connection
With the Planned Acquisition by The NASDAQ OMX Group, Inc.

May 6, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 24, 2008, the Boston Stock Exchange Clearing Corporation
(``BSECC'') filed with the Securities and Exchange Commission
(``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 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

    BSECC proposes to amend its Articles of Organization and its By-
Laws to reflect the planned acquisition of BSECC by The NASDAQ OMX
Group, Inc. (``NASDAQ OMX'') and to update the By-Laws in certain other
respects.\3\ The text of the proposed rule change is available from the
principal office of BSECC, at http://www.bostonstock.com/BSECC/Pending/
BSECC-2008-01.pdf, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \3\ BSECC is currently organized under the laws of the
Commonwealth of Massachusetts. The Articles of Organization of a
Massachusetts corporation are comparable to the Certificate of
Incorporation of a Delaware corporation.
---------------------------------------------------------------------------

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 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

The Merger
    On October 2, 2007, Boston Stock Exchange, Inc. (``BSE''),
announced that it had entered into an agreement with The Nasdaq Stock
Market, Inc. (now NASDAQ OMX) pursuant to which NASDAQ OMX would
acquire all of the outstanding membership interests in BSE and BSE
would be merged with and into Yellow Merger Corporation, a Delaware
corporation and wholly owned subsidiary of NASDAQ OMX, with BSE
surviving the merger. As a result of the merger, BSE would become a
Delaware stock corporation with 100% of its outstanding stock owned by
NASDAQ OMX. BSECC is now and following the merger will continue to be a
wholly owned subsidiary of BSE. BSECC proposes to adopt (1) Articles of
Amendment to its Articles of Organization, and (2) amendments to its
By-Laws for the purpose of reflecting its acquisition by NASDAQ OMX and
of modernizing its governance documents.

BSECC's Articles of Organization
    In order to amend its Articles of Organization, BSECC would adopt
Articles of Amendment that would amend its existing Articles of
Organization as follows:
    1. Amend Article III to provide that the total number of shares of
each class of stock that BSECC is authorized to issue is 150 shares of
common stock. This amendment reflects a reduction in the total
authorized share capital of BSECC from 1000 shares of common stock to
the 150 shares of Common Stock currently held by BSE. Thus, following
the amendment, all of the authorized shares of common stock of BSECC
would be outstanding and would be owned by BSE;
    2. Amend Article V to provide that BSE may not transfer or assign
any shares of stock of BSECC unless such transfer or assignment has
been filed with and approved by the Commission under Section 19 of the
Act;\4\ and
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s.
---------------------------------------------------------------------------

    3. Adopt new Article VI to provide that in accordance with modern
practice for Massachusetts corporations, directors of BSECC are not
personally liable to it for breaches of fiduciary duty except for
breaches involving (i) a breach of the duty of loyalty, (ii) acts or
omissions not in good faith or that involve intentional misconduct or
knowing violation of law, (iii) distributions of assets that would
render BSECC insolvent, or (iv) any transaction from which the director
derived an improper personal benefit.
BSECC's By-Laws
    BSECC proposes several changes to its By-Laws, which are primarily
for the purpose of updating the By-Laws in accordance with modern
corporate practice for Massachusetts corporations. The amendments
proposed are:
    1. Eliminate the offices of ``clerk'' and ``vice-chairman'' from
BSECC and delete references to those offices from the By-Laws;
    2. Clarify the time periods allowed or required for notice to
stockholders of meetings, the permissible duration of stockholder
proxies, and the setting of a record date in accordance with modern
Massachusetts law and remove a provision allowing close of the transfer
books of BSECC that is no longer consistent with Massachusetts law; \5\
---------------------------------------------------------------------------

    \5\ This change would not limit the effectiveness of the change
to the Articles of Organization requiring Commission approval of
transfers of BSECC's stock.
---------------------------------------------------------------------------

    3. Provide that stockholders, as well as directors, may fill
vacancies on the Board, in accordance with Massachusetts law;
    4. Clarify that directors of BSECC who also serve on BSE's Board of
Directors must tender resignations from BSECC's Board if they cease to
be directors of BSE;
    5. Clarify the requirements for action by the Board of Directors
and the stockholders to be taken without a meeting;
    6. Establish that the officers of BSECC are all appointed by and
subject to removal by its Board of Directors;
    7. Adopt modern provisions stipulating the conditions under which
BSECC may indemnify its officers and directors and the scope of such
indemnification;
    8. Stipulate that the By-Laws may be amended only upon approval by
the Commission and in accordance with the rules of BSECC;\6\ and
---------------------------------------------------------------------------

    \6\ Rule XII of BSECC, required notice to clearing members of
amendments to the By-Laws.
---------------------------------------------------------------------------

    9. Clarify the meaning of several provisions in accordance with
modern Massachusetts law and correct several typographical errors.
    BSECC believes that the proposed rule change is consistent with the
provisions of Section 17A of the Act \7\ in general and with Section
17A(b)(3)(A) and (C) of the Act \8\ in particular in that it is
designed to ensure that BSECC is so organized and has the capacity to
be able to facilitate the prompt and accurate clearance and settlement
of securities transactions and to assure a fair representation of
BSECC's members in the selection of its directors and the
administration of its affairs.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78q-1(b)(3)(A) and (C).
---------------------------------------------------------------------------

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

    BSECC does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    BSECC has neither solicited nor received comments on the proposed
rule change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://
www.sec.gov/rules.sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BSECC-2008-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BSECC-2008-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference 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 BSECC. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File

Number SR-BSECC-2008-01 and should be submitted on or before June 3,
2008.

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

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

Nancy M. Morris,
Secretary.
[FR Doc. E8-10595 Filed 5-12-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Page 78993]
[FR Doc No: 2013-31000]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4086-DR; Docket ID FEMA-2013-0001]

New Jersey; Amendment No. 10 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 State of New Jersey (FEMA-4086-DR), dated October 30, 2012, and
related determinations.

DATES: Effective December 13, 2013.

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 Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, William L.
Vogel, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Gracia B. Szczech as
Federal Coordinating Officer for this disaster.

(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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-31000 Filed 12-26-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Notices]
[Page 39312-39313]
[DOCID:fr12jy06-63]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0084; FRL-8064-9]

Dimethoate Interim Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Interim
Reregistration Eligibility Decision (IRED) for the organophosphate
pesticide dimethoate, and opens a public comment period on this
document. The Agency's risk assessments and other related documents
also are available in the dimethoate Docket. Dimethoate is a systemic
organophosphate insecticide used for control of a wide variety of
insect pests on a number of fruit, vegetable, grain, and field crops,
as well as ornamentals and non-cropland adjacent to agricultural
fields. EPA has reviewed dimethoate through the public participation
process that the Agency uses to involve the public in developing
pesticide reregistration and tolerance reassessment decisions. Through
these programs, EPA is ensuring that all pesticides meet current health
and safety standards.

DATES: Comments must be received on or before September 11, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0084, by one of the following methods:-
    - Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
    - Mail: Office of Pesticide Programs (OPP) Regulatory
Public Docket (7502P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    - Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    -Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0084. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    -Docket: All documents in the docket are listed in the docket
index. Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Stephanie Plummer, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    -This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    -1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    -2. Tips for preparing your comments. When submitting comments,
remember to:
    -i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    - ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    -iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    -iv. Describe any assumptions and provide any technical information
and/or data that you used.
    -v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    -vi. Provide specific examples to illustrate your concerns and
suggest alternatives.

    -vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
    -viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    -Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
completed an IRED for the organophosphate pesticide dimethoate on June
12, 2006, and is now issuing this document for public comment.
Dimethoate is a systemic organophosphate insecticide used for control
of a wide variety of insect pests on a number of fruit, vegetable,
grain, and field crops, as well as ornamentals and non-cropland
adjacent to agricultural fields. The dimethoate IRED presents the
Agency's conclusions on the risks posed by exposure to dimethoate
alone; however, section 408(b)(2)(D)(v) of the Federal Food, Drug and
Cosmetic Act (FFDCA) directs the Agency also to consider available
information on the cumulative risk from substances sharing a common
mechanism of toxicity. Because the organophosphate pesticides share a
common mechanism of toxicity, cholinesterase inhibition, the Agency
will evaluate the cumulative risk posed by this group before making
final reregistration eligibility decisions on individual
organophosphates.
    -During the pendency of the organophosphate cumulative assessment,
the Agency is proceeding with risk assessments and interim risk
management for individual organophosphate pesticides. EPA has
determined that, but for the cumulative risk assessment, the data base
to support dimethoate reregistration is substantially complete and that
products containing dimethoate will be eligible for reregistration,
provided the risks are mitigated either in the manner described in the
IRED or by another means that achieves equivalent risk reduction. Upon
submission of any required product specific data under section
4(g)(2)(B) and any necessary changes to the registration and labeling
(either to address concerns identified in the IRED or as a result of
product specific data), and after assessing organophosphate cumulative
risks, EPA will make a final reregistration decision under section
4(g)(2)(C) for products containing dimethoate. When the Agency
finalizes decisions for dimethoate and other organophosphate
pesticides, further risk mitigation may be required for dimethoate.
    -EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, dimethoate was reviewed
through the full 6 phase public participation process. Through this
process, EPA worked extensively with stakeholders and the public to
reach the regulatory decisions for dimethoate.
    -The reregistration program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely reregistration decisions and to involve the public. The
Agency is issuing the dimethoate IRED for public comment. This comment
period is intended to provide an additional opportunity for public
input and a mechanism for initiating any necessary amendments to the
IRED. All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. These
comments will become part of the Agency Docket for dimethoate. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
    - The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the IRED in the Federal
Register. In the absence of substantive comments requiring changes, the
risk management decisions reflected in the dimethoate IRED will be
implemented as presented. These decisions may be supplemented by
further risk mitigation measures when EPA considers its cumulative
assessment of the organophosphate pesticides.

B. What is the Agency's Authority for Taking this Action?

    -Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient,`` the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    -Section 408(q) of FFDCA, 21 U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide residues in effect as of August
2, 1996, to determine whether the tolerance or exemption meets the
requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to
be completed by August 3, 2006.

List of Subjects

    -Environmental protection, Pesticides and pests.

    Dated: July 5, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-10857 Filed 7-11-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Page 33219]
[FR Doc No: 2018-15197]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER18-1985-000.
    Applicants: Invenergy Solar Development North America LLC.
    Description: Request for Limited Waiver, et al. of Invenergy Solar
Development North America LLC.
    Filed Date: 7/9/18.
    Accession Number: 20180709-5132.
    Comments Due: 5 p.m. ET 7/19/18.

    Docket Numbers: ER18-1991-000.
    Applicants: Pennsylvania Electric Company, Jersey Central Power &
Light Company, Metropolitan Edison Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Penelec et al submit revised
WASPs, Service Agreement Nos. 4221, 4222, and 4223 to be effective 9/8/
2018.
    Filed Date: 7/10/18.
    Accession Number: 20180710-5127.
    Comments Due: 5 p.m. ET 7/31/18.

    Docket Numbers: ER18-1992-000.
    Applicants: Forward Energy LLC.
    Description: Tariff Cancellation: Notice of Cancellation of Market-
Based Rate Tariff to be effective 9/10/2018.
    Filed Date: 7/11/18.
    Accession Number: 20180711-5000.
    Comments Due: 5 p.m. ET 8/1/18.

    Docket Numbers: ER18-1993-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA SA No. 5126;
Queue No. AB1-169 to be effective 6/11/2018.
    Filed Date: 7/11/18.
    Accession Number: 20180711-5026.
    Comments Due: 5 p.m. ET 8/1/18.

    Docket Numbers: ER18-1994-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO & National Grid--
amended/restated SGIA (SA2219) with Monroe County to be effective 6/26/
2018.
    Filed Date: 7/11/18.
    Accession Number: 20180711-5033.
    Comments Due: 5 p.m. ET 8/1/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 11, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-15197 Filed 7-16-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50798-50800]
[FR Doc No: 2011-20702]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65081; File No. SR-BATS-2011-027]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Extend
Pilot Program Related to Trading Pauses Due to Extraordinary Market
Volatility

August 9, 2011.
    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 August 8, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 Exchange. 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 is filing with the Commission a proposal to extend a
pilot program previously approved by the Commission related to Rule
11.18, entitled ``Trading Halts Due to Extraordinary Market
Volatility.''
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 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 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 purpose of this filing is to extend the effectiveness of the
Exchange's rule related to individual stock circuit breakers, which is
contained in Rule 11.18(d) and Interpretation and Policy .05 to Rule
11.18. The rule, explained in further detail below, is currently
operating as a pilot program set to expire on the earlier of August 11,
2011 or the date on which a limit up/limit down mechanism to address
extraordinary market volatility, if adopted, applies. The Exchange
proposes to extend the pilot program to January 31, 2012.
    On June 10, 2010, the Commission approved on a pilot basis changes
to BATS Rule 11.18 to provide for uniform market-wide trading pause
standards for individual securities in the S&P 500[supreg] Index that
experience rapid price movement.\3\ Later, the Exchange and other
markets proposed extension of the trading pause standards on a pilot
basis to individual securities in the Russell 1000[supreg] Index and
specified Exchange Traded Products, which changes the Commission
approved on September 10, 2010.\4\ The pilot program relating to
trading pause standards has been extended twice since.\5\ More
recently, the Exchange proposed expansion of the pilot program to apply
to all NMS stocks.\6\ This expansion was approved on June 23, 2011.\7\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (SR-BATS-2010-014).
    \4\ See Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-BATS-2010-018).
    \5\ See Securities Exchange Act Release No. 63497 (December 9,
2010), 75 FR 78315 (December 15, 2010) (SR-BATS-2010-037);
Securities Exchange Act Release No. 64207 (April 6, 2011), 76 FR
20424 (April 12, 2011) (SR-BATS-2011-011).
    \6\ See Securities Exchange Act Release No. 64435 (May 6, 2011),
76 FR 27684 (May 12, 2011) (SR-BATS-2011-016).
    \7\ See Securities Exchange Act Release No. 64735 (June 23,
2011), 76 FR 38243 (June 29, 2011) (File Nos. SR-BATS-2011-016; SR-
BYX-2011-011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-
EDGA-2011-15; SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028;
SR-NASDAQ-2011-067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-
NYSEArca-2011-26; SR-NSX-2011-06; SR-Phlx-2011-64).
---------------------------------------------------------------------------

    The Exchange believes the benefits to market participants from the
individual stock trading pause rule should be continued on a pilot
basis.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\8\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act,\9\ because it
would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. The proposed rule change is also
consistent with Section 11A(a)(1) of the Act \10\ in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets. The Exchange believes that the pilot program promotes just and
equitable principles of trade in that it promotes transparency and
uniformity across markets concerning decisions to pause trading in a
security when there are significant price movements.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6)(iii) thereunder.\14\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

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

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding the investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change as operative upon filing.\17\
---------------------------------------------------------------------------

    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 No. SR-BATS-2011-027 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 No. SR-BATS-2011-027. 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 available publicly. All
submissions should refer to File No. SR-BATS-2011-027 and should be
submitted on or before September 6, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20702 Filed 8-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Notices]
[Page 51044]
[FR Doc No: 2020-18065]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3532-EM; Docket ID FEMA-2020-0001]

Puerto Rico; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, Homeland Security (DHS).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the Commonwealth of Puerto Rico (FEMA-3532-EM), dated July 29, 2020,
and related determinations.

DATES: This amendment was issued August 6, 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: Notice is hereby given that the incident
period for this emergency is closed effective July 31, 2020.

    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. 2020-18065 Filed 8-18-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Pages 65460-65461]
[FR Doc No: 2016-22793]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32264; 812-14432]

Northern Lights Fund Trust and Dearborn Capital Management, LLC;
Notice of Application

September 16, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from Section 15(a) of
the Act and Rule 18f-2 under the Act, as well as from certain
disclosure requirements in Rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and Sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

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

Applicants:  Northern Lights Fund Trust (the ``Trust''), a Delaware
statutory trust registered under the Act as an open-end management
investment company with multiple series, and Dearborn Capital
Management, LLC, a limited liability company organized under Illinois
law and registered as an investment adviser under the Investment
Advisers Act of 1940 (``the ``Adviser,'' and, collectively with the
Trust, the ``Applicants'').

Filing Dates:  The application was filed March 11, 2015 and amended on
April 14, 2016, and June 20, 2016.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 11, 2016, and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to Rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Trust Counsel: JoAnn
Strasser, Esq., Thompson Hine LLP, 41 South High Street, Suite 1700,
Columbus, OH 43215 and Trust: James P. Ash, Esq., Gemini Fund Services,
LLC, 80 Arkay Drive, Suite 110, Hauppauge, NY 11788.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. The Adviser will serve as the investment adviser to the Funds
pursuant to an investment advisory agreement with the Trust (the
``Advisory Agreement'').\1\ The Adviser will provide the Funds with
continuous and

comprehensive investment management services subject to the supervision
of, and policies established by, each Fund's board of trustees
(``Board''). The Advisory Agreement permits the Adviser, subject to the
approval of the Board, to delegate to one or more sub-advisers (each, a
``Sub-Adviser'' and collectively, the ``Sub-Advisers'') the
responsibility to provide the day-to-day portfolio investment
management of each Fund, subject to the supervision and direction of
the Adviser. The primary responsibility for managing the Funds will
remain vested in the Adviser. The Adviser will hire, evaluate, allocate
assets to and oversee the Sub-Advisers, including determining whether a
Sub-Adviser should be terminated, at all times subject to the authority
of the Board.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to any existing and
any future series of the Trust and any other registered open-end
management company or series thereof that: (a) Is advised by the
Adviser or its successor or by a person controlling, controlled by,
or under common control with the Adviser or its successor (each,
also an ``Adviser''); (b) uses the manager of managers structure
described in the application; and (c) complies with the terms and
conditions of the application (any such series, a ``Fund'' and
collectively, the ``Funds''). For purposes of the requested order,
``successor'' is limited to an entity that results from a
reorganization into another jurisdiction or a change in the type of
business organization.
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Sub-Advisers pursuant to Sub-
Advisory Agreements and materially amend existing Sub-Advisory
Agreements without obtaining the shareholder approval required under
Section 15(a) of the Act and Rule 18f-2 under the Act.\2\ Applicants
also seek an exemption from the Disclosure Requirements to permit a
Fund to disclose (as both a dollar amount and a percentage of the
Fund's net assets): (a) The aggregate fees paid to the Adviser; and (b)
the aggregate fees paid to Sub-Advisers other than Affiliated Sub-
Advisers; and (c) the fee paid to each Affiliated Sub-Adviser
(collectively, ``Aggregate Fee Disclosure'').
---------------------------------------------------------------------------

    \2\ The requested relief will not extend to any Sub-Adviser that
is an affiliated person, as defined in Section 2(a)(3) of the Act,
of the Trust, a Fund, or the Adviser, other than by reason of
serving as a sub-adviser to one or more of the Funds, or as an
investment adviser or sub-adviser to any series of the Trust other
than the Funds (``Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Fund shareholders and notification about sub-
advisory changes and enhanced Board oversight to protect the interests
of the Funds' shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Advisory
Agreements will remain subject to shareholder approval, while the role
of the Sub-Advisers is substantially similar to that of individual
portfolio managers, so that requiring shareholder approval of Sub-
Advisory Agreements would impose unnecessary delays and expenses on the
Funds. Applicants believe that the requested relief from the Disclosure
Requirements meets this standard because it will improve the Adviser's
ability to negotiate fees paid to the Sub-Advisers that are more
advantageous for the Funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22793 Filed 9-21-16; 8:45 am]
 BILLING CODE 8011-01-P