[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Proposed Rules]
[Pages 32334-32335]
[FR Doc No: 2015-13878]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2015-0001; Internal Agency Docket Nos. FEMA-B-7759,
FEMA-B-1138 and FEMA-B-1208]

Proposed Flood Elevation Determinations for Lafayette Parish,
Louisiana, and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed rule concerning proposed flood elevation determinations
for Lafayette Parish, Louisiana, and Incorporated Areas.

DATES: This withdrawal is effective on June 8, 2015.

ADDRESSES: You may submit comments, identified by Docket Nos. FEMA-B-
7759, FEMA-B-1138 and FEMA-B-1208, to Luis Rodriguez, Chief,

Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 7, 2012, FEMA published a
proposed rulemaking at 77 FR 66785-66788, proposing flood elevation
determinations along one or more flooding sources in Lafayette Parish,
Louisiana. FEMA is withdrawing the proposed rulemaking because FEMA has
or will be issuing a Revised Preliminary Flood Insurance Rate Map, and
if necessary a Flood Insurance Study report, featuring updated flood
hazard information. A Notice of Proposed Flood Hazard Determinations
will be published in the Federal Register and in the affected
community's local newspaper following issuance of the Revised
Preliminary Flood Insurance Rate Map.

    Authority:  42 U.S.C. 4104; 44 CFR 67.4.

    Dated: May 22, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2015-13878 Filed 6-5-15; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29224-29226]
[FR Doc No: 2015-12039]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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

Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0900; Directorate Identifier 2015-NE-12-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Turbomeca S.A. Arrius 2F turboshaft engines with a certain part
number oil pump installed. This proposed AD was prompted by cases of
deterioration of the gas generator front bearing due to a link loss
between the pump driver and the oil pump shaft. This proposed AD would
require inspection, and if necessary, replacement before further flight
of the oil pump driver assembly and/or the oil pump shaft, or the oil
pump itself. We are proposing this AD to prevent link loss between the
pump driver and the oil pump shaft, which could lead to an engine in-
flight shutdown, forced landing, and damage to the helicopter.

DATES: We must receive comments on this proposed AD by July 20, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00;
telex: 570 042; fax: 33 (0)5 59 74 45 15. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

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-2015-
0900; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Philip Haberlen, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0900;
Directorate Identifier 2015-NE-12-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2015-0049, dated March 17, 2015 (Corrected May 7, 2015) (referred to
hereinafter as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A risk of an in-flight shutdown (IFSD) has been identified on an
ARRIUS 2F engine, due to deterioration of gas generator front
bearing. This could be the result of lack of lubrication, due to a
link loss between pump driver and oil pump shaft.
    This condition, if not detected and corrected, could lead to
cases of IFSD, possibly resulting in forced landing with consequent
damage to the helicopter and injury to occupants.

    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2015-0900.

Related Service Information Under 1 CFR Part 51

    Turbomeca S.A. has issued Mandatory Service Bulletin (MSB) No. 319
79 4834, Version B, dated October 21, 2014. The MSB describes
procedures for inspecting the oil pump driver assembly on the oil pump
shaft, the pump driver splines, and the oil pump splines. 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 of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with the European Community, EASA has notified us
of the unsafe condition described in the MCAI and service information
referenced above. We are proposing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design. This proposed AD would require inspection, and if necessary,
replacement before further flight, of the oil pump driver

assembly and/or the oil pump shaft, or the oil pump itself.

Costs of Compliance

    We estimate that this proposed AD affects about 96 engines
installed on helicopters of U.S. registry. We also estimate that it
would take about two hours per product to comply with this proposed AD.
The average labor rate is $85 per hour. Required parts would cost about
$17,312 per engine. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $1,678,272.

Authority for This Rulemaking

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

Regulatory Findings

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

Turbomeca S.A.: Docket No. FAA-2015-0900; Directorate Identifier
2015-NE-12-AD.

(a) Comments Due Date

    We must receive comments by July 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Turbomeca S.A. Arrius 2F turboshaft
engines with oil pump, part number (P/N)<PHONE_NUMBER>, installed,
except for:
    (1) Engines, equipped with an oil pump, P/N<PHONE_NUMBER>, that
were overhauled in a Turbomeca repair center after January 1, 2013,
and
    (2) Engines with a serial number of 34776 or higher, provided
that the oil pump was not replaced on that engine since the first
flight of that engine on a helicopter.

(d) Reason

    This AD was prompted by cases of deterioration of the gas
generator front bearing due to a link loss between the pump driver
and the oil pump shaft. We are issuing this AD to prevent link loss
between the pump driver and the oil pump shaft, which could lead to
an engine in-flight shutdown, forced landing, and damage to the
helicopter.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Inspect the pump driver assembly on the oil pump shaft, the
pump driver splines, and the oil pump splines, using paragraph
2.4.2, Operating Instructions, of Turbomeca S.A. Mandatory Service
Bulletin (MSB) No. 319 79 4834, Version B, dated October 21, 2014,
as follows:
    (i) After the effective date of this AD, for engines with less
than 250 engine hours (EH), since new, since last overhaul, or since
last installation of an affected oil pump, whichever occurred later,
inspect before exceeding 300 EH since new, since last overhaul, or
since last installation of an affected oil pump, as applicable.
    (ii) After the effective date of this AD, for engines with 250
EH or more, but less than 300 EH, accumulated since new, since last
overhaul, or since last installation of an affected oil pump,
whichever occurred later, inspect within 50 EH.
    (iii) After the effective date of this AD, for engines with 300
EH or more, but less than 800 EH, accumulated since new, since last
overhaul, or since last installation of an affected oil pump,
whichever occurred later, inspect within 100 EH.
    (iv) After the effective date of this AD, for engines with 800
EH or more, accumulated since new, since last overhaul, or since
last installation of an affected oil pump, whichever occurred later,
inspect during the next scheduled 500 EH inspection.
    (2) If any oil pump drive assembly and/or oil pump shaft, or the
oil pump itself, fails the inspection required by this AD, then
before further flight, replace the failed part(s) with part(s)
eligible for installation.
    (3) The instruction to report inspection results and the
instruction to return a compliance certificate to Turbomeca S.A. as
stated in paragraph 2.4.2, Operating Instructions, of Turbomeca S.A.
MSB No. 319 79 4834, Version B, dated October 21, 2014, are not
required by this AD.

(f) Credit for Previous Action

    If you inspected the oil pump driver assembly on the oil pump
shaft, the pump driver splines, and the oil pump splines, and
replaced any part(s) with part(s) eligible for installation before
the effective date of this AD in accordance with Turbomeca S.A. MSB
No. 319 79 4834, Version A, dated November 25, 2013, you met the
requirements of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(h) Related Information

    (1) For more information about this AD, contact Philip Haberlen,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2015-0049,
dated March 17, 2015 (Corrected May 7, 2015), for more information.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2015-0900.
    (3) Turbomeca S.A. MSB No. 319 79 4834, Version B, dated October
21, 2014, can be obtained from Turbomeca S.A., using the contact
information in paragraph (h)(4) of this proposed AD.
    (4) For service information identified in this proposed AD,
contact Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74
40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15.

    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on May 11, 2015.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-12039 Filed 5-20-15; 8:45 am]
 BILLING CODE 4910-13-P


                      Notes from Meeting with NACDS et al

Attended by:
NACDS Staff:		Diane Darvey

COSTCO staff	:	Jon McArthur

CVS Staff:		Pat Perry

Walgreens Staff:	Mary Hendrickson, Ed Kaleta, Andy Marks

Walmart Staff:		Richard Leahy, Mike Stephenson

EPA Staff:	Kristin Fitzgerald, Lisa Lauer, Jessica Young, Charlotte Mooney, Richard Huggins

Date:			November 14, 2012

EPA met with representatives of the National Association of Chain Drug Stores and its members.

They conveyed some key concerns that they hope will be addressed by the proposed hazardous waste pharmaceuticals rule:

   1. Reverse Distribution
   2. P-listed pharmaceuticals (e.g., nicotine) driving large quantity generator (LQG) status

They remarked that state Board of Pharmacy rules and FDA rules make reuse and donation of pharmaceuticals difficult.


[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Notices]
[Pages 40974-40976]
[FR Doc No: 2011-17427]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64820; File No. SR-NYSEArca-2011-41]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services To
Introduce Two New Pricing Tiers, Step-Up Tier 1 and Step-Up Tier 2

July 6, 2011.
    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 June 30, 2011, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Schedule of
Fees and Charges for Exchange Services (the ``Schedule'') to introduce
two new pricing tiers, Step-Up Tier 1 and Step-Up Tier 2. The text of
the proposed rule change is available at the Exchange, at http://www.nyse.com, at the Commission's Public Reference Room, and at the
Commission's Web site at http://www.sec.gov.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at

the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    Effective July 1, 2011, NYSE Arca proposes to introduce two new
pricing tier levels, Step-Up Tier 1 and Step-Up Tier 2.
    Step-Up Tier 1 will allow members to earn a credit of $0.00295 per
share for executed orders that provide liquidity to the Book for Tape A
and Tape C securities and a credit of $0.0023 per share for executed
orders that provide liquidity to the Book for Tape B securities.
Additionally, such members will be charged a fee of $0.0028 per share
for orders that take liquidity from the Book for Tape B securities and
a fee of $0.0029 per share for orders routed outside the Book to any
away market centers for Tape B securities. Finally, such members also
will be charged a fee of $0.0023 per share for orders routed outside
the Book to the NYSE for Tape A securities. Step-Up Tier 2 will allow
members to earn a credit of $0.0029 per share for executed orders that
provide liquidity to the Book for Tape A and Tape C securities.
Additionally, such members will be charged a fee of $0.0028 per share
for orders that take liquidity from the Book for Tape B securities and
a fee of $0.0029 per share for orders routed outside the Book to any
away market centers for Tape B securities. Finally, such members also
will be charged a fee of $0.0023 per share for orders routed outside
the Book to the NYSE for Tape A securities. All other fees and credits
will be at the existing tiered and basic rates based on the members'
qualifying levels.
    In order to qualify for the Step-Up Tier 1, a member on a daily
basis, measured monthly, must directly execute providing volume on NYSE
Arca in an amount that is an increase of no less than 0.15% of US
average daily consolidated share volume in Tape A, Tape B, Tape C
securities (``US ADV'') for that month over the member's average daily
providing volume in June 2011 (the ``Baseline Month''), subject to a
minimum increase of 15 million average daily providing shares. In order
to qualify for the Step-Up Tier 2, a member on a daily basis, measured
monthly, must directly execute providing volume on NYSE Arca in an
amount that is an increase of no less than 0.10% of US ADV for that
month over the member's average daily providing volume in the Baseline
Month, subject to a minimum increase of 10 million average daily
providing shares.
    By way of example, if a member provided an average daily volume of
5 million shares in the Baseline Month, then to qualify for Step-Up
Tier 2 in a month where US ADV is 11 billion shares, that member would
need to increase its average daily provide by at least 11 million
shares, or 0.10% of that month's US ADV, for a total daily providing
average of at least 16 million shares. If that same member in that same
month increased its average daily provide by at least 16.5 million
shares, or 0.15% of that month's US ADV, for a total daily providing
average of at least 21.5 million shares, then that member would then
qualify for Step-Up Tier 1.
    In addition, for both Step-Up Tier 1 and Step-Up Tier 2, those
members that did not directly provide volume to NYSE Arca in the
Baseline Month will be treated as having an Arca average daily
providing volume of zero for the Baseline Month. With respect to the
increased percentage of US ADV, the volume requirements to reach the
Step-Up Tiers pricing levels will adjust each calendar month based on
the US ADV for that given month. For purposes of clarification, US ADV
is equal to the volume reported by all exchanges and trade reporting
facilities to the Consolidated Tape Association (``CTA'') Plan for
Tapes A, B and C securities, however, US ADV does not include trades on
days when the market closes early.
    Transactions that are not reported to the Consolidated Tape, such
as odd-lots and Crossing Session 2 transactions, are not included in US
ADV. The Exchange currently makes this data publicly available on a T +
1 basis from a link at http://www.nyxdata.com/US-and-European-Volumes.
    The Exchange notes that members may be able to qualify for more
than one Tier in a given month, in such case, the most favorable rates
would apply. For example, if a member directly provided 8 million
average daily shares in the Baseline Month, and then increases the
average daily providing volume by 12 million shares to 20 million
shares in a subsequent month (where US ADV is 8 billion shares) and
such provided liquidity meets all the requirements of Investor Tier 2
as well as Step-up Tier 2, then such member would receive Investor Tier
2 credits of $.0030 per share for providing liquidity, and would be
charged Step-Up Tier 2 fees for taking liquidity and routing.
    The goal of the Step-Up Tiers is to incentivize members to increase
the orders sent directly to NYSE Arca and therefore provide liquidity
that supports the quality of price discovery and promotes market
transparency. These Tiers would be expected to benefit members whose
increased order flow provides added levels of liquidity, but may not be
eligible for Tier 1, 2 and 3, or Investor Tier 1 and 2, thereby
contributing to the depth and market quality of the Book. Additionally,
a previous month baseline approach for rebates and fees has also been
adopted by NASDAQ Stock Market LLC and EDGX for liquidity providers.\3\
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    \3\ See Securities Exchange Act Release No. 63628 (January 3,
2011), 76 FR 1201 (January 7, 2011); and Securities Exchange Act
Release No. 64632 (June 8, 2011), 76 FR 34792 (June 14, 2011). See
EDGX Exchange Fee Schedule, n. 1 at http://www.directedge.com/Membership/FeeSchedule/EDGXFeeSchedule.aspx.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\4\ in general, and Section 6(b)(4) of the Act,\5\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange believes
that the proposal does not constitute an inequitable allocation of
fees, as all similarly situated member organizations and other market
participants will be charged the same amount and access to the
Exchange's market is offered on fair and non-discriminatory terms.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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    NYSE Arca believes that the Step-Up Tiers are equitable because
they are open to all members on an equal basis and provide credits that
are reasonably related to the value to an exchange's market quality
associated with higher volumes. As stated above, the Exchange believes
that the Step-Up Tiers may incentivize members to increase the orders
sent directly to NYSE Arca and therefore provide liquidity that
supports the quality of price discovery and promotes market
transparency. Moreover, the addition of such Tiers would benefit
members whose increased order flow provides meaningful added levels of
liquidity, but may not be eligible for the current Tiers, thereby
contributing to the depth and market quality of the Book. In addition,
by offering two Step-Up Tiers the Exchange believes more members may
provide increased order flow and

more members will be eligible to receive the credits for such orders.
NYSE Arca also believes that the higher rebates would incent liquidity,
and such increased volume increases potential revenue to the Exchange,
allowing the Exchange to pass on the savings to members in the form of
a higher rebate. Similar to the Baseline Month approach, NASDAQ and
EDGX have established credits and fees which are based on increased
volumes from a previous month baseline.\6\
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    \6\ See n.4 above.
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. The Exchange
believes that the proposed rule change reflects this competitive
environment because it will broaden the conditions under which members
may qualify for higher liquidity provider credits.

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \8\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Arca.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-NYSEArca-2011-41 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2011-41. 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 the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; 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-
NYSEArca-2011-41 and should be submitted on or before August 2, 2011.

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

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

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17427 Filed 7-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4221-4224]
[FR Doc No: 2011-464]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0677; Directorate Identifier 2010-NM-075-AD;
Amendment 39-16578; AD 2011-02-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 727 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires inspections for scribe lines in
the fuselage skin at skin lap joints and butt joints, the skin at
certain external approved repairs, the skin around external features
such as antennas, and the skin at decals and fairings; and related
investigative and corrective actions if necessary. This AD was prompted
by reports of scribe lines found at skin lap joints and butt joints,
around external repairs and antennas, and at locations where external
decals had been cut. We are issuing this AD to detect and correct
scribe lines, which can develop into fatigue cracks in the skin and
cause rapid decompression of the airplane.

DATES: This AD is effective March 1, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 1,
2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6577; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
July 7, 2010 (75 FR 38950). That NPRM proposed to require inspections
for scribe lines in the fuselage skin at skin lap joints and butt
joints, the skin at certain external approved repairs, the skin around
external features such as antennas, and the skin at decals and
fairings; and related investigative and corrective actions if
necessary.

Comments

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

Support for the NPRM

    Boeing supports the intent of the NPRM.

Request To Revise Compliance Time

    FedEx Express (FedEx) requested that we revise the compliance time
in paragraph (g) of the NPRM to add an additional option of ``at the
next scheduled `C' check (30 months) from the effective date of the
AD.'' FedEx stated that it determined that the proposed inspection
threshold and intervals would not fit within its planned scheduled
maintenance checks, and the requested adjustment to the compliance time
would allow FedEx to mitigate the need to schedule special visits to
accomplish the inspections.
    We disagree with the request to revise the compliance time. In
developing an appropriate compliance time for this AD, we considered
not only the safety implications, but the manufacturer's
recommendations, the availability of required parts, and the practical
aspect of accomplishing the modification within an interval of time
that corresponds to typical scheduled maintenance for affected
operators. Under the provisions of paragraph (m) of this AD, however,
we might consider requests for adjustments to the compliance time if
data are submitted to substantiate that such an adjustment would
provide an acceptable level of safety. In addition, FedEx did not
provide any technical justification for the request. We have not
changed the final rule in regard to this issue.

Explanation of Change to This AD

    We added a new paragraph (l) to this final rule to provide
information on the federal Paperwork Reduction Act. We have
reidentified subsequent paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 234 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        product         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................................  Up to 320 hours             $85               $0    Up to $27,200              234            Up to
                                                                                $6,364,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII,

part A, subpart III, section 44701: ``General requirements.'' Under
that section, Congress charges the FAA with promoting safe flight of
civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-02-05 The Boeing Company: Amendment 39-16578; Docket No. FAA-
2010-0677; Directorate Identifier 2010-NM-075-AD.

Effective Date

    (a) This AD is effective March 1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 727, 727C, 727-
100, 727-100C, 727-200, and 727-200F series airplanes, certificated
in any category; as identified in Boeing Alert Service Bulletin 727-
53A0233, dated February 19, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of scribe lines found at skin
lap joints, butt joints, around external repairs and external
features such as antennas, and at locations where external decals
had been cut. The Federal Aviation Administration is issuing this AD
to detect and correct scribe lines, which can develop into fatigue
cracks in the skin and cause rapid decompression of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection

    (g) At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 727-53A0233, dated
February 19, 2010, except as provided in paragraphs (h) and (i) of
this AD, do detailed inspections for scribe lines of skin lap
joints, skin butt joints, around external approved repairs, external
features, and fairings, and at locations where external decals may
have been cut, and do all applicable related investigative and
corrective actions at the times specified in the service bulletin,
by accomplishing all actions specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin 727-53A0233, dated
February 19, 2010, except as provided by paragraph (j) of this AD.

    Note 1: The inspection exemptions noted in paragraph 1.E. of
Boeing Alert Service Bulletin 727-53A0233, dated February 19, 2010,
apply to this AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin 727-53A0233, dated
February 19, 2010, specifies a compliance time after ``the original
issue date on this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.
    (i) Where Boeing Alert Service Bulletin 727-53A0233, dated
February 19, 2010, specifies to calculate the flight-cycle time for
an airplane ``as of the original issue date on this service
bulletin,'' this AD requires the airplane flight-cycle time to be
calculated as of the effective date of this AD.
    (j) Where Boeing Alert Service Bulletin 727-53A0233, dated
February 19, 2010, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (m) of this AD.

Report

    (k) At the applicable time specified in paragraph (k)(1) or
(k)(2) of this AD: Submit a report of positive crack findings of the
inspections required by paragraph (g) of this AD. Operators may use
the reporting form contained in Appendixes B and C, as applicable,
of Boeing Alert Service Bulletin 727-53A0233, dated February 19,
2010. Send the report to Boeing Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124-2207. The report must contain, at a
minimum, the inspection results, a description of any discrepancies
found, the airplane serial number, and the number of flight cycles
and flight hours on the airplane. Under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120-0056.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

Paperwork Reduction Act Burden Statement

    (l) A federal agency may not conduct or sponsor, and a person is
not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
(425) 917-6590. Information may be e-mailed to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal

inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

Related Information

    (n) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6577; fax<PHONE_NUMBER>. Information may be e-mailed to:
<EMAIL_ADDRESS>
Material Incorporated by Reference

    (o) You must use Boeing Alert Service Bulletin 727-53A0233,
dated February 19, 2010, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Boeing Alert Service Bulletin 727-
53A0233, dated February 19, 2010, under 5 U.S.C. 552(a) and 1 CFR
part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-464 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21476-21478]
[FR Doc No: 2023-07500]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0125]
RIN 1625-AA00

Safety Zone; Naval Air Station Key West, Boca Chica, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Boca Chica Channel in Boca Chica, Florida. This
action is necessary to provide for the safety of life on these
navigable waters near Boca Chica Key, FL, during the 2023 Naval Air
Station Key West Air Show. This rule prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Key West or a designated representative.

DATES: This rule is effective daily from 10 a.m. through 4 p.m. on
April 14, 2023 through April 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0125 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Hailye Wilson, Sector Key West Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
lacks sufficient time to provide for a comment period and then consider
those comments before issuing the rule since this rule is needed by
April 14, 2023. It would be contrary to the public interest since
immediate action is necessary to protect the safety of the public, and
vessels transiting the waters of the Boca Chica Key.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the Air Show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Key West (COTP) has determined that
potential hazards associated with the Air Show starting April 14, 2023,
will be a safety concern. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone until the Air Show is complete.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. until 4 p.m. on
April 14, 2023 through April 16, 2023. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the bridge is being repaired. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which would
impact a small designated area of the Boca Chica Channel during the
afternoon when vessel traffic is normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 6 hours for three days that will prohibit
entry within the Boca Chica Channel. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0125 to read as follows:

Sec.  165.T07-0125  Safety Zone; Naval Air Station Key West, Boca
Chica, FL.

    (a) Location. The following area is a safety zone: All waters of
Boca Chica Channel, from surface to bottom, encompassed by a line
connecting the following points beginning at 24[deg]33'48'' N,
081[deg]43'02'' W, thence to 24[deg]34'18'' N, 081[deg]43'08'' W,
thence to 24[deg]34'28'' N, 081[deg]42'22'' W, and along the shoreline
back to the beginning point. These coordinates are based on North
American Datum.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol

Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Key West
(COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER>. Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
    (d) Enforcement periods. This section will be enforced daily from
10 a.m. to 4 p.m. April 14, 2023, through April 16, 2023.

    Dated: March 31, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-07500 Filed 4-10-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Notices]
[Pages 15792-15794]
[FR Doc No: 2020-05715]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3608]

Stephen Kalinoski: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
permanently debarring Stephen Kalinoski from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Mr. Kalinoski was
convicted of a felony for conduct that relates to the regulation of a
drug product under the FD&C Act. Mr. Kalinoski was given notice of the
proposed permanent debarment and an opportunity to request a hearing
within the timeframe prescribed by regulation. Mr. Kalinoski failed to
respond. Mr. Kalinoski's failure to request a hearing within the
prescribed timeframe

constitutes a waiver of his right to a hearing concerning this action.

DATES: This order is applicable March 19, 2020.

ADDRESSES: Submit applications for special termination of debarment to
the Dockets Management Staff (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of
Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857<EMAIL_ADDRESS>or 240-402-
8743.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual if FDA finds that the individual
has been convicted of a felony under Federal law for conduct relating
to the regulation of any drug product under the FD&C Act. On July 14,
2017, Mr. Kalinoski entered a plea of guilty to one count of conspiracy
to commit wire fraud, a felony offense, in violation of 18 U.S.C. 371,
and on December 19, 2017, judgment was entered against Mr. Kalinoski in
the U.S. District Court for the Eastern District of New York.
    The factual basis for this conviction is as follows: Mr. Kalinoski
was the director of pharmacy and registered pharmacist in charge at Med
Prep Consulting, Inc. (Med Prep), a medical drug repackager located and
incorporated in New Jersey in 1994. Med Prep manufactured, repackaged,
processed, packed, labeled, held, compounded, and distributed various
drug products, including pain management medications, anesthesia and
operating room drugs, and oncology and dialysis drugs. Mr. Kalinoski
worked at Med Prep from approximately 2003 to its closing in the summer
of 2013 and was in charge of repackaging and compounding operations and
other drug-processing activities.
    Between approximately January 2007 and April 2013, Mr. Kalinoski
knowingly and intentionally conspired with other individuals to devise
a scheme and artifice to defraud healthcare providers and to obtain
money and property from them by means of materially false and
fraudulent pretenses, representations, and promises, and for the
purpose of executing such scheme and artifice, and attempting to do so,
to transmit and cause to be transmitted, by means of wire communication
in interstate commerce, writings, signs, signals, pictures, and sounds.
    Specifically, during this time period, Mr. Kalinoski conspired with
others to introduce and introduced, or caused the introduction of,
adulterated and misbranded drugs into interstate commerce, all with the
intent to defraud and mislead healthcare providers. The adulterated
drugs Mr. Kalinoski introduced or caused to be introduced into
interstate commerce were adulterated because they were prepared,
packed, and held under insanitary conditions and because the drugs
consisted in whole or in part of a filthy, putrid, and decomposed
substance. The misbranded drugs Mr. Kalinoski introduced or caused to
be introduced in interstate commerce were misbranded because the drugs
were dangerous to health when used as labeled and because the labeling
on the drugs regarding use by dates and the strength of the ingredients
were false and misleading. Mr. Kalinoski assured healthcare providers
that they were receiving drug products from Med Prep that were produced
in full compliance with the law, were compounded and packaged in
compliance with chapter 797 of the United States Pharmacopeia (USP 797)
and would be safe for patients. Mr. Kalinoski also told healthcare
providers that the beyond use dates that Mr. Kalinoski assigned to
sterile drug products were supported by sterility testing that
satisfied the requirements of USP 797. These representations were made
in, among other places, quarterly reports that were sent by email to
healthcare providers and on Med Prep's website. Mr. Kalinoski did not
inform healthcare providers of failures to comply with USP 797 and
basic sterility practices, and breaches of aseptic technique in Med
Prep's cleanroom, which occurred repeatedly at Med Prep's facility.
    By engaging in this conduct, Mr. Kalinoski violated Federal and
State law applicable to drug preparation and created serious risks for
patients who were being treated for cancer and other illnesses. Mr.
Kalinoski misrepresented the quality of Med Prep's drug processing and
repackaging operation to increase market share, and he engaged in
substandard practices to save money and increase his profits. Relying
on these misrepresentations and omissions, healthcare providers paid
Med Prep approximately $34,970,881 for its services between
approximately 2007 and 2012.
    Based on his conviction, FDA sent Mr. Kalinoski by certified mail
on September 27, 2019, a notice proposing to permanently debar him from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding,
under section 306(a)(2)(B) of the FD&C Act, that Mr. Kalinoski was
convicted, as set forth in section 306(l)(1) of the FD&C Act, of a
felony under Federal law for conduct relating to the regulation of a
drug product under the FD&C Act. The proposal also offered Mr.
Kalinoski an opportunity to request a hearing, providing him 30 days
from the date of receipt of the letter in which to file the request,
and advised him that failure to file a timely request for a hearing
constituted a waiver of the opportunity for a hearing and of any
contentions concerning this action. Mr. Kalinoski received the proposal
on October 3, 2019. Mr. Kalinoski did not request a hearing and has,
therefore, waived his opportunity for a hearing and any contentions
concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(a)(2)(b) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Stephen
Kalinoski has been convicted of a felony under Federal law for conduct
relating to the regulation of a drug product under the FD&C Act.
    As a result of the foregoing finding, Stephen Kalinoski is
permanently debarred from providing services in any capacity to a
person with an approved or pending drug product application under
sections 505, 512, or 802 of the FD&C Act (21 U.S.C. 355, 360b, or
382), or under section 351 of the Public Health Service Act (42 U.S.C.
262), applicable (see DATES) (see sections 201(dd) and 306(c)(1)(B) and
(c)(2)(A)(ii) of the FD&C Act (21 U.S.C. 321(dd) and 335a(c)(1)(B) and
(c)(2)(A)(ii)). Any person with an approved or pending drug product
application who knowingly employs or retains as a consultant or
contractor, or otherwise uses in any capacity the services of Stephen
Kalinoski during his debarment, will be subject to civil money
penalties (section 307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))).
If Mr. Kalinoski provides services in any capacity to a person with an
approved or pending drug product application during his period of
debarment, he will be subject to civil money penalties (section
307(a)(7) of the FD&C Act). In addition, FDA will not accept or review
any abbreviated new drug applications from Mr. Kalinoski during his
period of

debarment (section 306(c)(1)(B) of the FD&C Act).
    Any application by Mr. Kalinoski for special termination of
debarment under section 306(d)(4) of the FD&C Act should be identified
with Docket No. FDA-2019-N-3608 and sent to the Dockets Management
Staff (see ADDRESSES). All such submissions are to be filed in one
copy. The public availability of information in these submissions is
governed by 21 CFR 10.20.
    Publicly available submissions may be seen in the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 13, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-05715 Filed 3-18-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57867-57869]
[FR Doc No: 2021-22685]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93300; File No. SR-FINRA-2021-027]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Pilot Period Related to FINRA Rule
6121.02 (Market-Wide Circuit Breakers in NMS Stocks)

October 13, 2021.
    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 October 7, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend the pilot period related to FINRA Rule
6121.02 (Market-wide Circuit Breakers in NMS Stocks) to the close of
business on March 18, 2022.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    FINRA proposes to extend the pilot related to the market-wide
circuit breaker in Rule 6121.02 to the close of business on March 18,
2022.
Background
    The Market-Wide Circuit Breaker (``MWCB'') rules, including FINRA
Rule 6121.02, provide an important, automatic mechanism that is invoked
to promote stability and investor confidence during periods of
significant stress when cash equities securities experience extreme
market-wide declines. The MWCB rules are designed to slow the effects
of extreme price declines through coordinated trading halts across both
cash equity and equity options securities markets.
    The cash equities rules governing MWCBs were first adopted in 1988
and, in 2012, FINRA and all U.S. cash equity exchanges amended their
cash equities uniform rules on a pilot basis (the ``Pilot Rules,''
i.e., for FINRA, Rule 6121.02).\4\ The Pilot Rules currently provide
for trading halts in all cash equity securities during a severe market
decline as measured by a single-day decline in the S&P 500 Index
(``SPX'').\5\ Under the Pilot Rules, a market-wide trading halt will be
triggered if SPX declines in price by specified percentages from the
prior day's closing price of that index. The triggers are set at three
circuit breaker thresholds: 7% (Level 1), 13% (Level 2), and 20% (Level
3). A market decline that triggers a Level 1 or Level 2 halt after 9:30
a.m. and before 3:25 p.m. would halt market-wide trading for 15
minutes, while a similar market decline at or after 3:25 p.m. would not
halt market-wide trading. (Level 1 and Level 2 halts may occur only
once a day.) A market decline that triggers a Level 3 halt at any time
during the trading day would halt market-wide trading for the remainder
of the trading day.
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    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129) (``Pilot
Rules Approval Order'').
    \5\ The rules of the equity options exchanges similarly provide
for a halt in trading if the cash equity exchanges invoke a MWCB
Halt. See, e.g., NYSE Arca Rule 6.65-O(d)(4).
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    The Commission approved the Pilot Rules, the term of which was to
coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS (the ``LULD
Plan''),\6\ including any extensions to the pilot period for the LULD
Plan.\7\ In April 2019, the Commission approved an amendment to the
LULD Plan for it to operate on a permanent, rather than pilot,
basis.\8\ In conjunction with the proposal to make the LULD Plan
permanent, FINRA amended Rule 6121.02 to untie Rule 6121.02's
effectiveness from that of the LULD Plan and to extend Rule 6121.02's
effectiveness to the close of business on October 18, 2019.\9\ FINRA
subsequently amended Rule 6121.02 to extend Rule 6121.02's
effectiveness for an additional year to the close of business on
October 18, 2020,\10\ and later, on October 18, 2021.\11\
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    \6\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release''). The LULD Plan provides a mechanism to address
extraordinary market volatility in individual securities.
    \7\ See Securities Exchange Act Release Nos. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (Order Approving File No. SR-
FINRA-2011-054); and 68778 (January 31, 2013), 78 FR 8668 (February
6, 2013) (Notice of Filing and Immediate Effectiveness of File No.
SR-FINRA-2013-011) (Proposed Rule Change to Delay the Operative Date
of FINRA Rule 6121.02).
    \8\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (Order Approving the Eighteenth
Amendment to the National Market System Plan To Address
Extraordinary Market Volatility).
    \9\ See Securities Exchange Act Release No. 85547 (April 8,
2019), 84 FR 14981 (April 12, 2019) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2019-010).
    \10\ See Securities Exchange Act Release No. 87078 (September
24, 2019), 84 FR 51669 (September 30, 2019) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2019-023).
    \11\ See Securities Exchange Act Release No. 90160 (October 13,
2020), 85 FR 67072 (October 21, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2020-033).
---------------------------------------------------------------------------

    FINRA now proposes to amend Rule 6121.02 to extend the pilot to the
close of business on March 18, 2022. This filing does not propose any
substantive or additional changes to Rule 6121.02.
The MWCB Task Force and the March 2020 MWCB Events
    In late 2019, Commission staff requested the formation of a MWCB
Task Force (``Task Force'') to evaluate the operation and design of the
MWCB mechanism. The Task Force included representatives from the SROs,
the Commission, CME, the Commodity Futures Trading Commission
(``CFTC'') and the securities industry, and

conducted several organizational meetings in December 2019 and January
2020.
    In Spring 2020, the MWCB mechanism proved itself to be an effective
tool for protecting markets through turbulent times. In March 2020, at
the outset of the worldwide COVID-19 pandemic, U.S. equities markets
experienced four MWCB Level 1 halts, on March 9, 12, 16, and 18, 2020.
In each instance, the markets halted as intended upon a 7% drop in the
S&P 500 Index, and resumed as intended 15 minutes later.
    In response to these events, in the Spring and Summer of 2020, the
Task Force held ten meetings that were attended by Commission staff,
with the goal of performing an expedited review of the March 2020 halts
and identifying any areas where the MWCB mechanism had not worked
properly. Given the risk of unintended consequences, the Task Force did
not recommend changes that were not rooted in a noted deficiency. The
Task Force recommended creating a process for a backup reference price
in the event that SPX were to become unavailable, and enhancing
functional MWCB testing. The Task Force also asked CME to consider
modifying its rules to enter into a limit-down state in the futures
pre-market after a 7% decline instead of 5%. CME made the requested
change, which became effective on October 12, 2020.\12\
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    \12\ See https://www.cmegroup.com/content/dam/cmegroup/market-regulation/rule-filings/2020/9/20-392_1.pdf; https://www.cmegroup.com/content/dam/cmegroup/market-regulation/rule-filings/2020/9/20-392_2.pdf.
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The MWCB Working Group's Study
    On September 17, 2020, the Director of the Commission's Division of
Trading and Markets asked the SROs to conduct a more complete study of
the design and operation of the Pilot Rules and the LULD Plan during
the period of volatility in the Spring of 2020.
    In response to the request, the SROs created a MWCB ``Working
Group'' composed of SRO representatives and industry advisers that
included members of the advisory committees to both the LULD Plan and
the NMS Plans governing the collection, consolidation, and
dissemination of last-sale transaction reports and quotations in NMS
Stocks. The Working Group met regularly from September 2020 through
March 2021 to consider the Commission's request, review data, and
compile its study. The Working Group's efforts in this respect
incorporated and built on the work of an MWCB Task Force.
    The Working Group submitted its study to the Commission on March
31, 2021 (the ``Study'').\13\ In addition to a timeline of the MWCB
events in March 2020, the Study includes a summary of the analysis and
recommendations of the MWCB Task Force; an evaluation of the operation
of the Pilot Rules during the March 2020 events; an evaluation of the
design of the current MWCB system; and the Working Group's conclusions
and recommendations.
---------------------------------------------------------------------------

    \13\ See Report of the Market-Wide Circuit Breaker (``MWCB'')
Working Group Regarding the March 2020 MWCB Events, submitted March
31, 2021 (the ``Study''), available at https://www.nyse.com/publicdocs/nyse/markets/nyse/Report_of_the_Market-Wide_Circuit_Breaker_Working_Group.pdf.
---------------------------------------------------------------------------

    In the Study, the Working Group concluded: (1) The MWCB mechanism
set out in the Pilot Rules worked as intended during the March 2020
events; (2) the MWCB halts triggered in March 2020 appear to have had
the intended effect of calming volatility in the market, without
causing harm; (3) the design of the MWCB mechanism with respect to
reference value (SPX), trigger levels (7%/13%/20%), and halt times (15
minutes) is appropriate; (4) the change implemented in Amendment 10 to
the Plan to Address Extraordinary Market Volatility (the ``Limit Up/
Limit Down Plan'' or ``LULD Plan'') did not likely have any negative
impact on MWCB functionality; and (5) no changes should be made to the
mechanism to prevent the market from halting shortly after the opening
of regular trading hours at 9:30 a.m.
    In light of the foregoing conclusions, the Working Group also made
several recommendations, including that the Pilot Rules should be
permanent without any changes.\14\
---------------------------------------------------------------------------

    \14\ See the Study, supra note 13, at 46.
---------------------------------------------------------------------------

Proposal To Extend the Operation of the Pilot Rules Pending the
Commission's Consideration of the NYSE's Filing To Make the Pilot Rules
Permanent
    On July 16, 2021, the NYSE proposed a rule change to make the Pilot
Rules permanent, consistent with the Working Group's
recommendations.\15\ On August 27, 2021, the Commission extended its
time to consider the proposed rule change to October 20, 2021.\16\
FINRA now proposes to extend the expiration date of FINRA Rule 6121.02
to the end of business on March 18, 2022.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 92428 (July 16,
2021), 86 FR 38776 (July 22, 2021) (Notice of Filing File No. SR-
NYSE-2021-40).
    \16\ See Securities Exchange Act Release No. 92785A (August 27,
2021), 86 FR 50202 (September 7, 2021) (Notice of Designation of a
Longer Period for Commission Action on File No. SR-NYSE-2021-40).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days from the date
of filing, so that FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
    FINRA believes that its proposal is consistent with Section 15A(b)
of the Act,\17\ in general, and furthers the objectives of Section
15A(b)(6) of the Act,\18\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The market-wide circuit breaker mechanism under Rule 6121.02
is an important, automatic mechanism that is invoked to promote
stability and investor confidence during a period of significant stress
when securities markets experience extreme broad-based declines.
Extending the market-wide circuit breaker pilot under Rule 6121.02 for
an additional five months would ensure the continued, uninterrupted
operation of a consistent mechanism to halt trading across the U.S.
markets while the Commission reviews the NYSE's proposed rule change to
make the Pilot Rules permanent.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78o-3(b).
    \18\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    FINRA also believes that the proposed rule change promotes just and
equitable principles of trade in that it promotes transparency and
uniformity across markets concerning when and how to halt trading in
all stocks as a result of extraordinary market volatility. Based on the
foregoing, FINRA believes the benefits to market participants under
Rule 6121.02 should continue on a pilot basis because they will promote
fair and orderly markets and protect investors and the public interest.

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

    FINRA does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act because the proposal would ensure the
continued, uninterrupted operation of a consistent mechanism to halt
trading across the U.S. markets while the Commission reviews the NYSE's
proposed rule change to make the Pilot Rules permanent.
    Further, FINRA understands that other SROs will file proposals to
extend their rules regarding the market-wide

circuit breaker pilot. Thus, the proposed rule change will help to
ensure consistency across market centers without implicating any
competitive issues.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \19\ and Rule 19b-
4(f)(6) thereunder.\20\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange asked
that the Commission waive the 30 day operative delay so that the
proposal may become operative immediately upon filing. Extending the
Pilot Rules' effectiveness to the close of business on March 18, 2022
will extend the protections provided by the Pilot Rules, which would
otherwise expire in less than 30 days. Waiver of the operative delay
would therefore permit uninterrupted continuation of the MWCB pilot
while the Commission reviews the NYSE's proposed rule change to make
the Pilot Rules permanent. Therefore, the Commission hereby waives the
30-day operative delay and designates the proposed rule change as
operative upon filing.\23\
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 email to [email protected]. Please include
File Number SR-FINRA-2021-027 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2021-027. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. All comments received will be
posted without change. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
FINRA-2021-027 and should be submitted on or before November 9, 2021.
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    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22685 Filed 10-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Page 1189]
[FR Doc No: 2011-134]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1874-DR; Docket ID FEMA-2010-0002]

Virginia; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Virginia (FEMA-1874-DR), dated February 16,
2010, and related determinations.

DATES: Effective Date: December 30, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Virginia is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of February 16, 2010.

    The Independent City of Fredericksburg for emergency protective
measures (Category B), including snow assistance, under the Public
Assistance program for an additional 24-hour period during or
proximate to the incident period (already designated for Public
Assistance and emergency protective measures (Category B), including
snow assistance, under the Public Assistance program for any
continuous 48-hour period during or proximate to the incident
period).

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. 2011-134 Filed 1-6-11; 8:45 am]
BILLING CODE 9111-23-P