Unknown. Final rule; request for comments
13,931 words·~63 min read·
/register/2008/01/28/08-354A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2008-01-28.xml --- 73 18 Monday, January 28, 2008 Contents Agricultural Agricultural Marketing Service PROPOSED RULES National Fluid Milk Processor Promotion Program: Invitation to Submit Comments on Proposed Amendments to the Fluid Milk Promotion Order, 4762-4763 E8-1433 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 4767 E8-1380 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: DVD Copy Control Association, 4918 08-345 Notice Pursuant to National Cooperative Research and Production Act of 1993: Open SystemC Initiative, 4918 08-344 Army Army Department NOTICES Privacy Act; Systems of Records, 4852-4855 E8-1391 08-333 Census Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4816-4817 E8-1409 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 4868-4870 E8-1361 E8-1363 Medicare Program: Request for Nominations for Members of the Medicare Evidence Development and Coverage Advisory, 4870-4871 E8-1345 Meetings: Practicing Physicians Advisory Council, 4871-4872 E8-1347 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4872-4873 08-324 Awards to Eleven Office of Refugee Resettlement Shelter Care Providers, 4873 E8-1360 Coast Guard Coast Guard RULES Safety Zone;
Molokini Crater, Maui, HI, 4695-4697 08-354 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4815-4816 E8-1410 Defense Defense Department See Army Department See Navy Department NOTICES Establishment of Department of Defense Federal Advisory Committees, 4851-4852 E8-1390 Education Education Department NOTICES Meetings:
President's Board of Advisors on Tribal Colleges and Universities, 4855-4856 E8-1364 Employment Employment and Training Administration NOTICES Indian and Native American Employment and Training Program SGA, 4919 E8-1372 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Nanoscale Materials Stewardship Program, 4861-4866 E8-1411 TSCA Interagency Testing Committee; Report Receipt and Comment Request, 5080-5084 E8-1413 FAA Federal Aviation Administration RULES Airworthiness Directives:
Eurocopter France Model AS 355 F2 and AS 355 N Helicopters, 4683-4685 E8-1019 IFR Altitudes: Miscellaneous Amendments, 4685-4690 E8-1368 PROPOSED RULES Special Conditions: Embraer S.A., Model EMB-500, Airspeed Indicating System 23.1323(e), 4763-4764 E8-1392 NOTICES Fuel Flowmeter Technical Standard Order TSO-C44d; Revision, 4941-4942 08-319 Meetings: RTCA Special Committee 207/Airport Security Access Control System, 4943 08-321 RTCA Special Committee 210, Cabin Systems and Equipment, 4942-4943 08-320 FCC Federal Communications Commission NOTICES Comment Sought on Petition for Declaratory Ruling that Text Messages and Short Codes, 4866-4867 E8-1452 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 4697-4699 E8-1396 NOTICES Adjustment of Statewide Per Capita Threshold for Recommending a Cost Share Adjustment, 4887 E8-1398 National Response Framework, 4887-4888 E8-1399 Federal Energy Federal Energy Regulatory Commission NOTICES Dominion Transmission, Inc.;
Intent to Prepare Environmental Assessment for Storage Factory Project: Request for Comments on Environmental Issues; Notice of Public Scoping Meetings and Site Visit, 4856-4858 E8-1421 Intent to Prepare Environmental Assessment; Arkoma Connector Pipeline Project; Comment Request, 4858-4860 E8-1419 Issuance of Order: SYNERGY Power Marketing Inc., 4860 E8-1420 Notice of Amendment: East Tennessee Natural Gas, LLC, 4860 E8-1422 Federal Railroad Federal Railroad Administration NOTICES Grant of Application for a Temporary Exemption:
Advanced Air Bag Requirements of Federal Motor Vehicle Safety Standard No. 208, 4943-4944 E8-1365 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 4867-4868 E8-1384 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 4868 E8-1383 Federal Transit Federal Transit Administration NOTICES Apportionments, Allocations, and Program Information, Fiscal Year 2008, 4956-5077 08-214 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:
Central Idaho and Yellowstone Area Nonessential Experiment Populations of Gray Wolves in the Northern Rocky Mountains; Special Regulation Revision, 4720-4736 08-334 NOTICES Meetings: Wind Turbine Guidelines Advisory Committee, 4911 E8-1407 Food Food and Drug Administration PROPOSED RULES Food Labeling: Revision of Reference Values and Mandatory Nutrients, 4765 E8-1446 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4873-4877 E8-1353 E8-1355 E8-1356 E8-1362 Food Food Safety and Inspection Service NOTICES Salmonella Verification Sampling Program, 4767-4774 E8-1432 Forest Forest Service NOTICES Environmental Impact Statement:
Resurrection Creek Restoration Phase II Project, 4774-4776 08-347 Superior National Forest, MN; Border Project, 4776-4777 08-335 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings: National Advisory Council on the National Health Service Corps;
Correction, 4877 E8-1371 Statement of Organization, Functions and Delegations of Authority, 4877 E8-1370 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4886-4887 E8-1445 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-1351 4888-4891 E8-1352 E8-1357 E8-1358 E8-1437 Funding Awards:
Resident Opportunity and Self-Sufficiency and Neighborhood Networks Programs— Fiscal Year 2004, 4902-4908 E8-1455 Fiscal Year 2005, 4891-4902 E8-1454 Housing Opportunities for Persons with AIDS Program FY 2007; Announcement of Funding Awards, 4908-4909 E8-1427 Youthbuild Program FY 2006; Announcement of Funding Awards, 4909-4911 E8-1428 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Calculating and Apportioning the Section 11(b)(1) Additional Tax Under Section 1561 for Controlled Groups;
Correction, 4695 E8-1367 PROPOSED RULES Employment Tax Adjustments; Correction, 4765-4766 E8-1366 International International Trade Administration NOTICES Antidumping Duty: Preserved Mushrooms from the People's Republic of China, 4822-4827 E8-1444 Antidumping Duty; New-Shipper Review: Stainless Steel Wire Rods From India, 4828-4829 E8-1443 Antidumping Duty Investigations: Uncovered Innerspring Units from the People's Republic of China, South Africa, and the Socialist Republic of Vietnam, 4817-4822 E8-1438 Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 4829-4831 E8-1440 Suspension of Antidumping Investigation:
Fresh Tomatoes From Mexico, 4831-4840 E8-1442 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4918-4919 E8-1417 Legal Legal Services Corporation NOTICES Notice and Request for Comments: LSC Elimination of Hawai’i Migrant Service Area, 4922 E8-1434 Minerals Minerals Management Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 4911-4914 E8-1350 National Highway National Highway Traffic Safety Administration NOTICES Grant of Application for a Temporary Exemption: Advanced Air Bag Requirements of Federal Motor Vehicle Safety Standard No. 208, 4944-4950 E8-1359 NIH National Institutes of Health NOTICES Meetings: Center For Scientific Review, 4877-4879 08-299 08-300 National Cancer Institute, 4879-4881 08-302 08-303 08-304 08-318 National Center for Research Resources, 4881 08-316 National Heart, Lung, and Blood Institute, 4881 08-298 National Institute of Allergy and Infectious Diseases, 08-306 4882-4883 08-308 National Institute of Child Health and Human Development, 08-310 4883-4884 08-311 National Institute of Dental and Craniofacial Research, 4882-4883 08-307 08-309 National Institute of Diabetes and Digestive and Kidney Diseases, 4881-4882, 08-305 4885 08-317 National Institute of Environmental Health Sciences, 4885 08-315 National Institute of Mental Health, 08-313 4884-4885 08-314 National Institute of Neurological Disorders and Stroke, 4881 08-301 National Institute on Aging, 4884 08-312 NOAA National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States:
Pacific Coast Groundfish Fishery— Vessel Monitoring System; Open Access Fishery; Correction, 4759-4760 E8-1430 Fisheries of the Economic Exclusive Zone Off Alaska: Shallow-Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in the Gulf of Alaska, 4760 08-342 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Vessels in the Amendment 80 Limited Access Fishery in the Bering Sea and Aleutian Island, 4760-4761 08-341 Magnuson-Stevens Fishery Conservation and Management Act Provisions:
Fisheries of the Northeastern United States— Northeast Region Standardized Bycatch Reporting Methodology Omnibus Amendment, 4736-4758 E8-1436 Northeast Multispecies Fishery; Prohibition on the Possession of Yellowtail Flounder in the U.S./Canada Management Area, 4758-4759 08-343 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4840 E8-1408 Incidental Takes of Marine Mammals During Specified Activities: San Nicolas Island, Ventura County, CA, 4841-4846 E8-1429 Marine Mammals;
Issuance of Permit, 4846-4847 E8-1431 Meetings: New England Fishery Management Council, E8-1423 4847-4848 E8-1424 National Park National Park Service NOTICES Environmental Statements; Availability, etc.: San Juan Island National Historical Park, WA; General Management Plan, 4914-4915 08-327 Meetings: Alaska Region Subsistence Resource Commissions, 4915-4916 08-336 Flight 93 National Memorial Advisory Commission, 4916 08-339 Golden Gate National Recreation Area, CA; Public Open Houses, 4917 08-332 National Capital Memorial Advisory Commission, 4917-4918 E8-1387 National Science National Science Foundation NOTICES Applicant Survey;
Comment Request, 4922-4923 08-340 Navy Navy Department NOTICES Meetings: U.S. Naval Academy Board of Visitors, 4855 E8-1388 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Nuclear Waste and Materials, 4923 E8-1397 Tennessee Valley Authority; Combined License Application Docketing Acceptance Bellefonte Unites 3 and 4, 4923-4924 E8-1394 Washington State University (Washington State University TRIGA Reactor); Order Modifying Amended Facility Operating License No.
R-76, 4924-4926 E8-1492 Westinghouse Electric Co.; Design Certification Docketing Acceptance; AP 1000 Design Rule Amendment Request, 4926 E8-1393 Occupational Occupational Safety and Health Administration NOTICES Intertek Testing Services NA, Inc.; Application Expansion of Recognition: Voluntary Termination of Entela, Inc., Recognition, 4919-4922 E8-1382 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 4926 08-372 08-373 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 4848-4850 E8-1389 Privacy Act of 1974; System of Records, 4850-4851 E8-1386 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials; Miscellaneous Amendments, 4699-4720 E8-1211 Postal Postal Service NOTICES Meetings; Sunshine Act, 4926 08-357 Rural Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4777-4778 E8-1354 Rural Rural Housing Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 4777-4778 E8-1354 RUS Rural Utilities Service NOTICES Funding Availability, 4778-4790 E8-1381 Funding Availability and Solicitation of Applications, 4790-4798 E8-1378 Grant and Loan Application Deadlines and Funding Levels, 4798-4802 E8-1376 Grant Application Deadlines and Funding Levels, 4802-4809 E8-1375 E8-1377 Household Water Well System Grant Program; Application Deadlines and Funding, 4809-4815 E8-1379 Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings:
Saint Lawrence Seaway Development Corp. Advisory Board, 4950 E8-1369 SEC Securities and Exchange Commission RULES Form MSD etc.; Technical Amendments, 4690-4694 E8-1171 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Incorporated, 4927-4929 E8-1373 New York Stock Exchange LLC, 4929-4931 E8-1374 NYSE Arca, Inc., 4931 E8-1395 Suspension of Trading Order, 4931 08-359 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Small Business Size Standards:
Nonmanufacturer Rule Waiver, 4940-4941 08-338 Waiver of the Nonmanufacturer Rule, 4941 E8-1400 State State Department NOTICES Meetings: Historical Diplomatic Advisory Committee, 4941 E8-1435 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4950-4954 E8-1401 E8-1402 E8-1403 E8-1404 E8-1405 E8-1406 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Saint Lawrence Seaway Development Corporation Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office U.S.
Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 4931-4940 E8-1425 E8-1426 Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 4956-5077 08-214 Part III Environmental Protection Agency, 5080-5084 E8-1413 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 18 Monday, January 28, 2008 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.
FAA-2008-0043; Directorate Identifier 2007-SW-31-AD; Amendment 39-15340; AD 2008-02-10] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model AS 355 F2 and AS 355 N Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for Eurocopter France Model AS 355 F2 and AS 355 N helicopters. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority to identify and correct an unsafe condition on an aviation product. The European Aviation Safety Agency, the Technical Agent for France, with which we have a bilateral agreement, states in the MCAI: This emergency Airworthiness Directive
(AD)is issued following a report of yaw control restricted travel in operation following the replacement of the load compensator. If not corrected, this condition could lead to the loss of control of the helicopter. This AD requires actions that are intended to address this unsafe condition. DATES: This AD becomes effective February 12, 2008. The Director of the Federal Register approved the incorporation by reference of Eurocopter Emergency Alert Service Bulletin No. 67.00.29, Revision 1, dated April 27, 2007, as of February 12, 2008. We must receive comments on this AD by March 28, 2008. 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. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov,* 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 AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5355, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2007-0131-E, dated May 11, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for these French-certificated helicopters. The MCAI states: This emergency Airworthiness Directive
(AD)is issued following a report of yaw control restricted travel in operation following the replacement of the load compensator. If not corrected, this condition could lead to the loss of control of the helicopter. Investigation revealed that the load compensator lever was incorrectly referenced in the Illustrated Parts Catalog (IPC). Levers on helicopters Post-MOD 072065 (replacement of the load compensator hydraulic actuator) should be Part Number (P/N) 355A27-0082-00 and levers on helicopters Pre-MOD 072065 should be P/N 355A27-0072-00. This AD mandates inspection to identify the load compensator lever and the hydraulic actuator assembly installed on helicopters, to verify their compatibility and replacement of improper P/Ns when an incompatibility is found. The installation of an incompatible load compensator lever in a Pre-Mod 072065 helicopter may cause control travel restrictions while the installation of an incompatible load compensator lever in a Post-Mod 072065 helicopter may cause increased control loads in the yaw control pedals. You may obtain further information by examining the MCAI and service information in the AD docket. Relevant Service Information Eurocopter has issued Emergency Alert Service Bulletin
(ASB)No. 67.00.29, Revision 1, dated April 27, 2007. The actions described in the MCAI are intended to correct the same unsafe condition as that identified in the service information. FAA's Determination and Requirements of This 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 this State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. However, the requirements of this AD must be accomplished within 10 hours TIS after the effective date of this AD. The MCAI requires accomplishment before next flight. Additionally, this AD requires that components with bore diameters outside the tolerances specified in the ASB be replaced with airworthy components with bore diameters within the specified tolerances instead of contacting the manufacturer for a “suitable repair solution.” These differences are highlighted in the “Differences Between the FAA AD and the MCAI” section in the AD. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because installation of an incompatible load compensator lever may result in restricted yaw control travel or increased control loads in the yaw control pedals and the incompatibility must be corrected within 10 hours TIS. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0043; Directorate Identifier 2007-SW-31-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of 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 we receive about this AD. Costs of Compliance We estimate that this AD will affect about 36 products of U.S. registry. We also estimate that it will take about .25 work-hour to inspect the helicopter and 10 work-hours to replace a load compensator lever, if needed. The average labor rate is $80 per work-hour. Required parts will cost about $1,161 for a load compensator lever, P/N 355A27-0072-00, or $862 for a load compensator lever, P/N 355A27-0082-00. Based on these figures, we estimate the cost of this AD on U.S. operators to be $720 to inspect, or $20 per product, assuming no load compensation levers are replaced. 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 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 this AD: 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); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket. 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 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-02-10 Eurocopter France:** Amendment 39-15340. Docket No. FAA-2008-0043; Directorate Identifier 2007-SW-31-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective February 12, 2008. Other Affected ADs
(b)None. Applicability
(c)This AD applies to Eurocopter Model AS 355 F2 and AS 355 N helicopters, all serial numbers, certificated in any category. Reason
(d)The mandatory continued airworthiness information
(MCAI)states: This emergency Airworthiness Directive
(AD)is issued following a report of yaw control restricted travel in operation following the replacement of the load compensator. If not corrected, this condition could lead to the loss of control of the helicopter. Investigation revealed that the load compensator lever was incorrectly referenced in the Illustrated Parts Catalog (IPC). Levers on helicopters Post-MOD 072065 (replacement of the load compensator hydraulic actuator) should be Part Number (P/N) 355A27-0082-00 and levers on helicopters Pre-MOD 072065 should be P/N 355A27-0072-00. This AD mandates inspection to identify the load compensator lever and the hydraulic actuator assembly installed on helicopters, to verify their compatibility and replacement of improper P/Ns when an incompatibility is found. Actions and Compliance
(e)Unless already done, do the following:
(1)Within the next 10 hours time-in-service (TIS), determine the part number (P/N) and the compatibility of the load compensator lever (compensator level) and the hydraulic actuator assembly (hydraulic actuator) in accordance with the Accomplishment Instructions, paragraphs 2.B.1. through 2.B.2.c. of Eurocopter AS 355 Emergency Alert Service Bulletin No. 67.00.29, Revision 1, April 27, 2007 (ASB). Note: Instead of inspecting the rotorcraft, a review of the helicopter maintenance records along with any other applicable data (rotorcraft logbook, components list, etc.) is acceptable if each P/N can be positively determined from that review.
(2)For helicopters, Pre-Mod 072065, with an incompatible hydraulic actuator, P/N 355A75-1370-01 or P/N 355A75-1370-03, and compensator lever, P/N 355A27-0082-00:
(i)If the helicopter has NOT been operated with compensator lever, P/N 355A27-0082-00, installed, replace the compensator lever before further flight with an airworthy compensator lever, P/N 355A27-0072-00.
(ii)If the helicopter has been operated with compensator lever, P/N 355A27-0082-00, installed, within the next 10 hours time-in-service (TIS):
(A)Remove the load compensator assembly and the compensator lever, measure the diameters of the bores, inspect the swivel bearings, replace the specified hydraulic actuator components and the incompatible compensator lever and install the load compensator assembly in accordance with the applicable steps in the Accomplishment Instructions, paragraph 2.B.3.b. of the ASB.
(B)If the diameter of a bore is greater than the tolerances specified in the applicable steps in the Accomplishment Instructions, paragraph 2.B.3.b., of the ASB, replace each part that contains an out-of-tolerance bore diameter with an airworthy part that contains a bore diameter that is within the specified tolerances.
(3)For helicopters, Post-MOD 072065, with an incompatible hydraulic actuator, P/N 355A75-1370-02 or P/N 355A75-1370-04, and compensator lever, P/N 355A27-0072-00:
(i)If the helicopter has NOT been operated with compensator lever, P/N 355A27-0072-00, installed, replace the compensator lever before further flight with an airworthy compensator lever, P/N 355A27-0082-00.
(ii)If the helicopter has been operated with compensator lever, P/N 355A27-0072-00, installed, within the next 10 hours TIS, replace the compensator lever with an airworthy compensator lever, P/N 355A27-0082-00, and inspect the bolts in accordance with the applicable steps in the Accomplishment Instructions, paragraph 2.B.3.b.of the ASB.
(f)No person shall install a:
(1)Load compensator lever, P/N 355A27-0082-00, on any Model AS 355 N or AS 355 F2 helicopter Pre-MOD 072065, with hydraulic actuator assembly, P/N 355A75-1370-01 or P/N 355A75-1370-03; or a
(2)Load compensator lever, P/N 355A27-0072-00, on any Model AS 355 N or AS 355 F2 helicopter Post-MOD 072065, with hydraulic actuator assembly, P/N 355A75-1370-02 or P/N 355A75-1370-04. Differences Between the FAA AD and the MCAI
(g)The requirements of this AD must be accomplished within 10 hours TIS after the effective date of this AD. The MCAI requires accomplishment before next flight. Additionally, this AD requires that components with bore diameters outside the tolerances specified in the ASB be replaced with airworthy components with bore diameters within the specified tolerances instead of contacting the manufacturer for a “suitable repair solution.” Subject
(h)Air Transport Association of America
(ATA)Code 6730, Rotorcraft Servo System. Other Information
(i)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Safety Management Group, 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: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5355, fax
(817)222-5961.
(2)*Airworthy Product:* Use only FAA-approved corrective actions. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent) if the State of Design has an appropriate bilateral agreement with the United States. You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(j)MCAI European Aviation Safety Agency
(EASA)Emergency Airworthiness Directive No. 2007-0131-E, dated May 11, 2007, contains related information. Material Incorporated by Reference
(k)The Director of the Federal Register approved the incorporation by reference of Eurocopter Emergency Alert Service Bulletin No. 67.00.29, Revision 1, dated April 27, 2007, under 5 U.S.C. 552(a) and 1 CFR part 51.
(l)For the Eurocopter service information identified in this AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527.
(m)You may review copies of Eurocopter Emergency Alert Service Bulletin No. 67.00.29, Revision 1, dated April 27, 2007, at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Fort Worth, Texas, on December 28, 2007. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E8-1019 Filed 1-25-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 95 [Docket No. 30590; Amdt. No. 472] IFR Altitudes; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas. DATES: *Effective Date:* 0901 UTC, February 14, 2008. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AMCAFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 ( *Mail Address:* P.O. Box 25082, Oklahoma City, OK 73125) *telephone:*
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR altitudes governing the operation of all aircraft in flight over a specified route or any portion of that route, as well as the changeover points
(COPs)for Federal airways, jet routes, or direct routes as prescribed in part 95. The Rule The specified IFR altitudes, when used in conjunction with the prescribed changeover points for those routes, ensure navigation aid coverage that is adequate for safe flight operations and free of frequency interference. The reasons and circumstances that create the need for this amendment involve matters of flight safety and operational efficiency in the National Airspace System are related to published aeronautical charts that are essential to the user, and provide for the safe and efficient use of the navigable airspace. In addition, those various reasons or circumstances require making this amendment effective before the next scheduled charting and publication date of the flight information to assure its timely availability to the user. The effective date of this amendment reflects those considerations. In view of the close and immediate relationship between these regulatory changes and safety in air commerce, I find that notice and public procedure before adopting this amendment are impracticable and contrary to the public interest and that good cause exists for making the amendment effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 95 Airspace, Navigation (air). Issued in Washington, DC on January 18, 2008. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is amended as follows effective at 0901 UTC, February 14, 2008. 1. The authority citation for part 95 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44719, 44721. 2. Part 95 is amended to read as follows: Revisions to IFR Altitudes and Changeover Points [Amendment 472 Effective Date, February 14, 2008] From To MEA Color Routes § 95.48 Green Federal Airway G8 Is Amended to Read in Part Nosky, AK FIX Kachemak, AK NDB 6100 § 95.2 Red Federal Airway R99 Is Amended to Read in Part St Paul Island, AK Dutch Harbor, AK NDB/DME #4800 #HF Comms Required Below 8000 MSL Saldo, AK NDB Iliamna, AK NDB/DME *5000 *4400-MOCA Iliamna, AK NDB/DME Kachemak, AK NDB 6100 From To MEA MAA § 95.3234 RNAV Route T234 Is Amended to Read in Part *Fairbanks, AK VORTAC Tollo, AK FIX 5000 17500 *4300-MCA FAIRBANKS, AK VORTAC, W BND From To MEA § 95.6001 Victor Routes—U.S. § 95.6016 VOR Federal Airway V16 Is Amended to Read in Part Patuxent, MD VORTAC *Gared, MD FIX **4500 *8000-MRA **1500-MOCA **4000-GNSS MEA Gared, MD FIX Chops, MD FIX *4500 *1500-MOCA *4000-GNSS MEA § 95.6026 VOR Federal Airway V26 Is Amended to Read in Part Montrose, CO VOR/DME Grand Junction, CO VORTAC 11000 Huron, SD VORTAC Obitt, SD FIX 5000 Obitt, SD FIX Redwood Falls, MN VOR/DME 5000 § 95.6036 VOR Federal Airway V36 Is Amended to Read in Part Hawly, PA FIX Hopce, NJ FIX *15500 *3600-MOCA *4000-GNSS MEA Hopce, NJ FIX Neion, NJ FIX *13500 *3600-MOCA *4000-GNSS MEA § 95.6063 VOR Federal Airway V63 Is Amended to Read in Part Wausau, WI VORTAC Rhinelander, WI VORTAC *4000 *3500-MOCA § 95.6074 VOR Federal Airway V74 Is Amended to Read in Part Fort Smith, AR VORTAC Charr, AR FIX 2500 Charr, AR FIX Magga, AR FIX 4000 Magga, AR FIX Danil, AR FIX *4500 *4000-MOCA Danil, AR FIX Ollas, AR FIX *4500 *2600-MOCA Ollas, AR FIX Maume, AR FIX *4500 *2700-MOCA Maume, AR FIX Little Rock, AR VORTAC 3500 § 95.6139 VOR Federal Airway V139 Is Amended to Read in Part Sea Isle, NJ VORTAC Avalo, NJ FIX *4500 *4000-GNSS MEA Avalo, NJ FIX Harbo, NJ FIX *6000 *4000-GNSS MEA Harbo, NJ FIX Drift, NJ FIX *7500 *3000-GNSS MEA Drift, NJ FIX Manta, NJ FIX *12000 *3000-GNSS MEA Manta, NJ FIX Plume, NJ FIX *7000 *2000-MOCA *3000-GNSS MEA § 95.6157 VOR Federal Airway V157 Is Amended to Read in Part Patuxent, MD VORTAC *Gared, MD FIX **4500 *8000-MRA **1500-MOCA **4000-GNSS MEA Gared, MD FIX Chops, MD FIX *4500 *1500-MOCA *4000-GNSS MEA § 95.6213 VOR Federal Airway V213 Is Amended to Read in Part Patuxent, MD VORTAC *Gared, MD FIX **4500 *8000-MRA **1500-MOCA **4000-GNSS MEA Gared, MD FIX Chops, MD FIX *4500 *1500-MOCA *4000-GNSS MEA § 95.6229 VOR Federal Airway V229 Is Amended to Read in Part Patuxent, MD VORTAC *Gared, MD FIX **4500 *8000-MRA **1500-MOCA **4000-GNSS MEA Gared, MD FIX Donil, DE FIX *8000 *1600-MOCA *4000-GNSS MEA § 95.6268 VOR Federal Airway V268 Is Amended to Read in Part Avalo, NJ FIX Harbo, NJ FIX *6000 *4000-GNSS MEA Harbo, NJ FIX Drift, NJ FIX *7500 *3000-GNSS MEA Drift, NJ FIX Manta, NJ FIX *12000 *3000-GNSS MEA Manta, NJ FIX Plume, NJ FIX *7000 *2000-MOCA *3000-GNSS MEA § 95.6276 VOR Federal Airway V276 Is Amended to Read in Part *Gamby, NJ FIX Manta, NJ FIX **6000 *6000-MRA **2000-MOCA **2000-GNSS MEA § 95.6308 VOR Federal Airway V308 Is Amended to Read in Part Sea Isle, NJ VORTAC Avalo, NJ FIX *4500 *4000-GNSS MEA Avalo, NJ FIX Harbo, NJ FIX *6000 *4000-GNSS MEA Harbo, NJ FIX Drift, NJ FIX *7500 *3000-GNSS MEA Drift, NJ FIX Manta, NJ FIX *12000 *3000-GNSS MEA Manta, NJ FIX Plume, NJ FIX *7000 *2000-MOCA *3000-GNSS MEA § 95.6363 VOR Federal Airway V363 Is Amended to Read in Part Mission Bay, CA VORTAC Hursi, CA FIX 3000 Hursi, CA FIX Oorah, CA FIX *4000 *2600-MOCA Oorah, CA FIX Ofree, CA FIX *4000 *2300-MOCA Ofree, CA FIX El Toro, CA VOR/DME 4000 El Toro, CA VOR/DME Pomona, CA VORTAC 4000 § 95.6333 Alaska VOR Federal Airway V333 Is Amended to Read in Part Nome, AK VOR/DME Gaits, AK FIX N BND 10000 S BND 4000 § 95.6388 Alaska VOR Federal Airway V388 Is Amended to Read in Part Kenai, AK VOR/DME Napto, AK FIX Napto, AK FIX Anchorage, AK VOR/DME 2400 § 95.6438 Alaska VOR Federal Airway V438 Is Amended to Read in Part Napto, AK FIX Anchorage, AK VOR/DME 2400 § 95.6445 Alaska VOR Federal Airway V445 Is Amended to Read in Part *Fairbanks, AK VORTAC Wilts, AK FIX 5000 *4000-MCA Fairbanks, AK VORTAC, W BND Wilts, AK FIX Tollo, AK FIX *5000 *4200-MOCA Kanut, AK FIX Bettles, AK VOR/DME NW BND 3500 SE BND 7000 § 95.6477 Alaska VOR Federal Airway V477 Is Amended to Read in Part Selawik, AK VOR/DME Desoy, AK FIX *2500-MOCA W BND *2500 E BND *4000 Desoy, AK FIX Atago, AK FIX *4000 *3900-MOCA Atago, AK FIX Huslia, AK VOR/DME *2500-MOCA W BND *4000 E BND *3500 § 95.6488 Alaska VOR Federal Airway V488 Is Amended to Read in Part *Reeba, AK FIX Golly, AK FIX **7000 *7000-MRA **5000-MOCA Golly, AK FIX *Fairbanks, AK VORTAC 4500 *3700-MCA FAIRBANKS, AK VORTAC, W BND § 95.6504 Alaska VOR Federal Airway V504 Is Amended to Read in Part Nenana, AK VORTAC Kanut, AK FIX 7000 § 95.6506 Alaska VOR Federal Airway V506 Is Amended to Read in Part *Kodiak, AK VOR/DME Baily, AK FIX W BND **12000 E BND **7000 **4900-MOCA *3600-MCA Kodiak, AK VOR/DME, W BND Baily, AK FIX Bremi, AK FIX #*12000 *9700-MOCA *10000-GNSS MEA #MEA IS ESTABLISHED WITH A GAP IN NAVIGATION SIGNAL COVERAGE Bremi, AK FIX *King Salmon, AK VORTAC E BND **12000 W BND **5000 *2400-MCA KING SALMON, AK VORTAC, E BND **4600-MOCA § 95.6531 Alaska VOR Federal Airway V531 Is Amended to Read in Part Berjo, AK FIX Kotzebue, AK VOR/DME NW BND *2500 SE BND *8000 *2500-MOCA Selawik, AK VOR/DME Desoy, AK FIX W BND *2500 E BND *4000 *2500-MOCA Desoy, AK FIX Atago, AK FIX *4000 *3900-MOCA Atago, AK FIX Huslia, AK VOR/DME W BND *4000 E BND *3500 *2500-MOCA Huslia, AK VOR/DME Cense, AK DME AK W BND *3500 E BND *6500 *3000-MOCA Cense, AK DME AK Elcon, AK FIX *6500 *5700-MOCA Elcon, AK FIX Tanana, AK VOR/DME W BND *6500 E BND *5400 *5400-MOCA Tanana, AK VOR/DME *Reeba, AK FIX E BND **7000 W BND **4000 *7000-MRA **4000-MOCA Reeba, AK FIX Golly, AK FIX *7000 *5000-MOCA Golly, AK FIX *Fairbanks, AK VORTAC 4500 *3700-MCA FAIRBANKS, AK VORTAC, W BND § 95.8003 VOR Federal Airway Changeover Points § 95.8003 VOR Federal Airway Changeover Points Airway segment From To Changeover points Distance From Alaska V506 Is Amended to Modify Changeover Point Kodiak, AK VOR/DME King Salmon, VORTAC 55 Kodiak Alaska V531 Is Amended to Modify Changeover Point Point Hope, AK NDB Kotzebue, AK VOR/DME 15 Point Hope, AK NDB [FR Doc. E8-1368 Filed 1-25-08; 8:45 am] BILLING CODE 4910-13-P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 240, 249, 275, and 279 [Release Nos. 34-57166, IA-2695] Technical Amendments to Forms MSD, MSDW, BD-N, BD, BDW, ADV, and ADV-W and to Exchange Act Rules 15b1-1, 15b3-1, 15b6-1, 15Ba2-2, 15Bc3-1, 15Ca1-1, 15Ca2-1, 15Cc1-1, and 17a-3, and Advisers Act Rules 203-1, 203-3, and 204-1 AGENCY: Securities and Exchange Commission. ACTION: Final rule; technical amendments. SUMMARY: The Securities and Exchange Commission (“Commission” or “SEC”) is adopting technical amendments to Form MSD and Form MSDW (the application for registration as a municipal securities dealer and the notice of withdrawal from registration as a municipal securities dealer, respectively) primarily to add the Office of Thrift Supervision to the list of agencies with which Forms MSD and MSDW must be filed. The Commission is also adopting a technical amendment to Form BD-N (the notice of registration as a broker-dealer for the purposes of trading security futures products pursuant to Section 15(b)(11) of the Securities Exchange Act of 1934 (“Exchange Act”)) to update the address of the National Futures Association. In addition, to reflect the formation of the Financial Industry Regulatory Authority, Inc. (“FINRA”), the Commission is adopting technical amendments to Forms BD and BDW (the uniform broker-dealer registration form and the uniform request for withdrawal from broker-dealer registration, respectively), related Exchange Act Rules, Forms ADV and ADV-W (the investment adviser registration form and the request for withdrawal from investment adviser registration, respectively), and related rules under the Investment Advisers Act of 1940 (“Advisers Act”). DATES: *Effective Date:* January 28, 2008. FOR FURTHER INFORMATION CONTACT: With respect to the amendments to Forms MSD, MSDW, BD-N, BD and BDW and rules adopted under the Exchange Act, Paula Jenson, Deputy Chief Counsel, Haimera Workie, Branch Chief, or Max Welsh, Attorney, at
(202)551-5550, Office of the Chief Counsel, Division of Trading and Markets, and, with respect to the amendments to Forms ADV and ADV-W and rules adopted under the Advisers Act, David W. Blass, Assistant Director, or Vivien Liu, Senior Counsel, at
(202)551-6787, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. I. Supplementary Information A. Forms MSD and MSDW Form MSD is the application used by municipal securities dealers that are either banks or separately identifiable departments or divisions of banks, to register with the Commission. These entities use Form MSDW to provide notice of withdrawal from registration. 1 Bank municipal securities dealers use these forms both with the Commission and with their “appropriate regulatory agency,” as defined in Exchange Act Section 3(a)(34). 2 1 The Commission adopted forms MSD and MSDW in October 1975 and July 1976, respectively, pursuant to Section 15B of the Exchange Act. Section 15B of the Exchange Act provides that municipal securities dealers can register and withdraw from registration under procedures developed by the Commission. *See* Exchange Act Release Nos. 11742 (Oct. 15, 1975) and 12602 (Jul. 7, 1976). Exchange Act Rule 15Ba2-1 requires an application for registration of a municipal securities dealer that is filed pursuant to Section 15B of the Exchange Act to be filed on Form MSD in accordance with the instructions on the form. Exchange Act Rule 15Bc3-1 requires a notice of withdrawal from registration as a municipal securities dealer to be filed pursuant to Section 15B of the Exchange Act be filed on Form MSDW in accordance with the instructions on the form. 2 For example, Instruction K of Form MSD currently provides: “Form MSD must be filed in triplicate with the Securities and Exchange Commission, Washington, DC 20549. The execution page of each copy shall contain an original manual signature. In addition, an original signed copy of the Form must be filed with the applicant's appropriate regulatory agency, determined in accordance with Section 3(a)(34) of the Act. Applicants which are national banks, or department or divisions of such banks, must file Form MSD with the Comptroller of the Currency, Washington, DC 20219; applicants which are state member banks of the Federal Reserve System, or departments or divisions of such banks, must file Form MSD with the Federal Reserve Board, Washington, DC 20551; applicants which are banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), or departments or divisions of such banks, must file Form MSD with the Federal Deposit Insurance Corporation, Washington, DC 20429.” *See also* Instruction 2 of Form MSDW. The Financial Services Regulatory Relief Act of 2006 (“Regulatory Relief Act”) 3 amended the definition of “appropriate regulatory agency” for a municipal securities dealer to include the Office of Thrift Supervision for entities that are federal savings associations, or departments or divisions of federal savings associations. The Commission is adopting technical amendments to Item K of the General Instructions of Form MSD and Item 2 of the General Instructions of Form MSDW to update the current list of agencies with which Forms MSD and MSDW must be filed to include the Office of Thrift Supervision and to update the addresses of the agencies listed on the forms. 3 Public Law No. 109-351, 120 Stat. 1966 (2006). B. Form BD-N Form BD-N is used to provide notice of registration as a broker-dealer for purposes of trading security futures products pursuant to Section 15(b)(11) of the Exchange Act. The Form is filed with the National Futures Association (“NFA”), as the Commission's designated agent. 4 During December 2007, the NFA moved from its prior address to 300 South Riverside Plaza, Suite 1800, Chicago, Illinois 60606. The Commission is adopting a technical amendment to Instruction 4 of Form BD-N to reflect the new address of the NFA. 4 *See* Instruction 4 of Form BD-N. C. Forms BD and BDW Broker-dealers use Forms BD and BDW to register with the Commission and to withdraw from registration, respectively. 5 The Commission is adopting technical amendments to reflect the formation of FINRA as a result of the consolidation of the National Association of Securities Dealers, Inc. (“NASD”) with NYSE Regulation, Inc., a wholly-owned subsidiary of New York Stock Exchange LLC. 6 Specifically, the Commission is amending Forms BD and BDW to replace references to NASD with references to FINRA. The Commission is also amending Item 5 of the General Instructions to Form BD and the Federal Information Law and Requirements section of Form BDW to add Section 15B of the Exchange Act to the list of statutory references authorizing the Commission to collect information on the forms to correctly reflect the Commission's authority. 5 Section 15(b) of the Exchange Act provides that broker-dealers can register and withdraw from registration under procedures developed by the Commission. Exchange Act Rule 15b1-1 requires that an application for registration of a broker or dealer that is filed pursuant to Section 15(b) of the Exchange Act be filed on Form BD in accordance with the instructions on the form. Exchange Act Rule 15b6-1 requires that a notice of withdrawal from registration as a broker or dealer filed pursuant to Section 15(b) of the Exchange Act be filed on Form BDW in accordance with the instructions on the form. Forms BD and BDW are uniform forms that also are used to register and deregister with states, to become members, and to withdraw from membership with SROs. 6 *See* Exchange Act Rel. No. 56145 (Jul. 26, 2007), 72 FR 42190 (Aug. 1, 2007). D. Exchange Act Rules 15b1-1, 15b3-1, 15b6-1, 15Ba2-2, 15Bc3-1, 15Ca1-1, 15Ca2-1, 15Cc1-1, and 17a-3 The Commission is adopting technical amendments to replace references to NASD with references to FINRA in Exchange Act Rules 15b1-1, 15b3-1, 15b6-1, 15Ba2-2, 15Bc3-1, 15Ca1-1, 15Ca2-1, 15Cc1-1, and 17a-3. The names of other self-regulatory organizations in Exchange Act Rule 15b6-1 are also being updated. In addition, paragraph
(c)of Rule 15b3-1, paragraph
(e)of Rule 15Ba2-2 and paragraph
(c)of Rule 15Ca2-1 contain temporary re-filing instructions that are now obsolete. The Commission is adopting technical amendments to delete these paragraphs from these rules. E. Forms ADV and ADV-W and Advisers Act Rules 203-1, 203-3, and 204-1 Investment advisers use Form ADV to register with the Commission and Form ADV-W to withdraw from registration. 7 Rules 203-1, 203-3, and 204-1 of the Advisers Act address issues relating to investment adviser registration and contain references to NASD. The Commission is adopting technical amendments to these forms and rules to replace references to NASD with references to FINRA. 8 7 Section 203 of the Advisers Act provides that investment advisers can register and withdraw from registration under procedures developed by the Commission. Advisers Act Rule 203-1 requires that an application for registration of an investment adviser that is filed pursuant to Section 203(c) of the Advisers Act be filed on Form ADV in accordance with the instructions on the form. Advisers Act Rule 203-2 requires that a notice of withdrawal from registration as an investment adviser pursuant to Section 203(h) of the Advisers Act be filed on Form ADV-W in accordance with the instructions on the form. Investment advisers also use Forms ADV and ADV-W to register and withdraw from registration with states. 8 Part 1B of Form ADV is required by the state securities authorities for state-registered investment advisers. It is not a Commission form. At the request of the North American Securities Administrators Association, Inc., for informational purposes the Commission notes that FINRA will replace a reference to NASD in the Part 1B, Arbitration Disclosure Reporting Page (ADV). II. Certain Findings Under the Administrative Procedure Act (“APA”), notice of proposed rulemaking is not required when the agency, for good cause, finds “that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 9 The Commission is making technical amendments to Item K of the General Instructions of Form MSD and Item 2 of the General Instructions of Form MSDW in response to the addition of the Office of Thrift Supervision to the Exchange Act Section 3(a)(34) definition of “appropriate regulatory agency” for a municipal securities dealer, by the Regulatory Relief Act and to update the addresses of the agencies listed on the forms. 10 Because these amendments will implement this statutory change by adding the Office of Thrift Supervision to the list of entities with which forms MSD and MSDW must be filed and also update the addresses of the agencies listed on the forms, the Commission finds that the amendments are technical in nature and that publishing the amendments for comment is unnecessary. 11 9 5 U.S.C. 553(b). 10 Public Law No. 109-351, 120 Stat. 1966 (2006). 11 For similar reasons, the amendments do not require analysis under the Regulatory Flexibility Act or analysis of major rule status under the Small Business Regulatory Enforcement Fairness Act. See 5 U.S.C. 601(2) (for purposes of Regulatory Flexibility Act analyses, the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking); 5 U.S.C. 804(3)(C) (for purposes of Congressional review of agency rulemaking, the term “rule” does not include any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties). The Commission is also adopting technical amendments to Form BD-N to update the address of the National Futures Association. Because this amendment will conform the address on the form with the new physical address of the National Futures Association, the Commission finds that the amendment is technical in nature and that publishing the amendment for comment is unnecessary. 12 12 *Id.* In addition, the Commission is adopting technical amendments to Forms BD and BDW to reflect the formation of FINRA and to correctly reflect the Commission's authority to collect the information on the forms. Similarly, the Commission is adopting technical amendments to Exchange Act Rules 15b1-1, 15b3-1, 15b6-1, 15Ba2-2, 15Bc3-1, 15Ca1-1, 15Ca2-1, 15Cc1-1, and 17a-3, as well as, to Forms ADV and ADV-W, and to Advisers Act Rules 203-1, 203-3, and 204-1 to reflect the formation of FINRA. Because these amendments will replace references to NASD with references to FINRA and, in the case of Forms BD and BDW, include Section 15B of the Exchange Act in the list of statutory references authorizing the Commission to collect the information on the forms, the Commission finds that the amendments are technical in nature and that publishing the amendments for comment is unnecessary. 13 In addition, the Commission is deleting obsolete temporary re-filing instructions in Rules 15b3-1, 15Ba2-2 and 15Ca2-1. Because these amendments will eliminate outdated instructions that include outdated references to NASD, the Commission finds that the amendments are technical in nature and that publishing the amendments for comment is unnecessary. 14 13 *Id.* 14 *Id.* Publication of a substantive rule not less than 30 days before its effective date is required by the APA except as otherwise provided by the agency for good cause. 15 For the same reasons described above with respect to notice and opportunity for comment, the Commission finds that there is good cause for making the technical amendments to each of the forms and rules effective on January 28, 2008. 15 5 U.S.C. 553(d). III. Consideration of Promotion of Efficiency, Competition, and Capital Formation Section 3(f) of the Exchange Act, 16 and Section 202(c) of the Advisers Act, 17 provide that whenever the Commission is engaged in rulemaking and is required to consider or determine whether an action is necessary or appropriate in the public interest, the Commission shall consider, in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation. In addition, Section 23(a)(2) of the Exchange Act requires the Commission, in adopting rules under the Exchange Act, to consider the anticompetitive effects of such rules, if any, and to refrain from adopting a rule that would impose a burden on competition not necessary or appropriate in furtherance of the purposes of the Exchange Act. 18 16 15 U.S.C. 78c(f). 17 15 U.S.C. 80b-2(c). 18 15 U.S.C. 78w(a)(2). Because the amendments are limited to technical amendments, we do not anticipate that any competitive advantages or disadvantages would be created. We do not expect the amendments, as technical amendments, to have a significant effect on efficiency, or on capital formation or the capital markets resulting from any obligations imposed by the Commission. IV. Statutory Authority We are adopting the technical amendments to Forms MSD, MSDW, BD, BDW, and BD-N and to Exchange Act Rules 15b1-1, 15b3-1, 15b6-1, 15Ba2-2, 15Bc3-1, 15Ca1-1, 15Ca2-1, 15Cc1-1, and 17a-3 under the authority set forth in the Exchange Act and, in particular, Sections 3(b), 15(a), 15(b), 15B, 17(a), and 23(a) therein. 19 We are adopting the technical amendments to Form ADV under the authority set forth in Section 19(a) of the Securities Act of 1933, 20 Sections 23(a) and 28(e)(2) of the Exchange Act, 21 Section 319 of the Trust Indenture Act of 1939, 22 Section 38(a) of the Investment Company Act of 1940 23 and Sections 203(c)(1), 204, and 211(a) of the Advisers Act. 24 We are adopting the technical amendments to Form ADV-W and Advisers Act Rule 203-1 under the authority set forth in Sections 203(c)(1), 204, and 211(a) of the Advisers Act. 25 We are adopting the technical amendments to Advisers Act Rule 203-3 under the authority set forth in Sections 203(c)(1) and 211(a) of the Advisers Act. 26 We are adopting the technical amendments to Advisers Act Rule 204-1 under the authority set forth in Sections 203(c)(1) and 204 of the Advisers Act. 27 19 15 U.S.C. 78o(a), 78o(b), 78o-4, 78q(a), and 78w(a). 20 15 U.S.C. 77s(a). 21 15 U.S.C. 78w(a), 78bb(e)(2). 22 15 U.S.C. 77sss. 23 15 U.S.C. 80a-37(a). 24 15 U.S.C. 80b-3(c)(1), 80b-4, 80b-11(a). 25 15 U.S.C. 80b-3(c)(1), 80b-4, 80b-11(a). 26 15 U.S.C. 80b-3(c)(1), 80b-11(a). 27 15 U.S.C. 80b-3(c)(1), 80b-4. Text of Form Amendments List of Subjects 17 CFR Parts 240 and 249 Broker-dealers, Reporting and recordkeeping requirements, Securities. 17 CFR Parts 275 and 279 Investment advisers, Reporting and recordkeeping requirements, Securities. For the reasons set out in the preamble, title 17, chapter II of the Code of Federal Regulations is amended as follows: PART 240—GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF 1934 1. The authority citation for part 240 continues to read, in part, as follows: Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 *et seq.* , and 18 U.S.C. 1350, unless otherwise noted. 2. Amend § 240.15b1-1 by revising paragraph
(b)and removing the authority citation following the section to read as follows: § 240.15b1-1 Application for registration of brokers or dealers.
(b)Every application for registration of a broker or dealer that is filed on or after January 25, 1993, shall be filed with the Central Registration Depository operated by the Financial Industry Regulatory Authority, Inc. 3. Amend § 240.15b3-1 by revising paragraph
(a)and removing paragraph
(c)to read as follows: § 240.15b3-1 Amendments to application.
(a)If the information contained in any application for registration as a broker or dealer, or in any amendment thereto, is or becomes inaccurate for any reason, the broker or dealer shall promptly file with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) an amendment on Form BD correcting such information. 4. Amend § 240.15b6-1 by revising paragraph
(a)to read as follows: § 240.15b6-1 Withdrawal from registration.
(a)Notice of withdrawal from registration as a broker or dealer pursuant to Section 15(b) of the Act shall be filed on Form BDW (17 CFR 249.501a) in accordance with the instructions contained therein. Every notice of withdrawal from registration as a broker or dealer shall be filed with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) in accordance with applicable filing requirements. Prior to filing a notice of withdrawal from registration on Form BDW (17 CFR 249.501a), a broker or dealer shall amend Form BD (17 CFR 249.501) in accordance with § 240.15b3-1(a) to update any inaccurate information. 5. Amend § 240.15Ba2-2 by revising paragraph
(a)and removing paragraph
(e)to read as follows: § 240.15Ba2-2 Application for registration of non-bank municipal securities dealers whose business is exclusively intrastate.
(a)An application for registration, pursuant to section 15B(a) of the Act, of a municipal securities dealer who is not subject to the requirements of § 240.15Ba2-1, that is filed on or after January 25, 1993, shall be filed with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) on Form BD in accordance with the instructions contained therein. 6. Amend § 240.15Bc3-1 by revising paragraph
(b)to read as follows: § 240.15Bc3-1 Withdrawal from registration of municipal securities dealers.
(b)Every notice of withdrawal from registration as a municipal securities dealer that is filed on Form BDW (17 CFR 249.501a) shall be filed with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) in accordance with applicable filing requirements. Every notice of withdrawal of Form MSDW (17 CFR 249.1110) shall be filed with the Commission. 7. Amend § 240.15Ca1-1 by revising paragraph
(c)to read as follows: § 240.15Ca1-1 Notice of government securities broker-dealer activities.
(c)Any notice required pursuant to this section shall be considered filed with the Commission if it is filed with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) in accordance with applicable filing requirements. 8. Amend § 240.15Ca2-1 by revising paragraph
(a)and removing paragraph
(c)to read as follows: § 240.15Ca2-1 Application for registration as a government securities broker or government securities dealer.
(a)An application for registration pursuant to Section 15C(a)(1)(A) of the Act, of a government securities broker or government securities dealer that is filed on or after January 25, 1993, shall be filed with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) on Form BD in accordance with the instructions contained therein. 9. Amend § 240.15Cc1-1 by revising paragraph
(a)to read as follows: § 240.15Cc1-1 Withdrawal from registration of government securities brokers or government securities dealers.
(a)Notice of withdrawal from registration as a government securities broker or government securities dealer pursuant to Section 15C(a)(1)(A) of the Act (15 U.S.C. 78o-5(a)(1)(A)) shall be filed on Form BDW (17 CFR 249.501a) in accordance with the instructions contained therein. Every notice of withdrawal from registration as a government securities broker or dealer shall be filed with the Central Registration Depository (operated by the Financial Industry Regulatory Authority, Inc.) in accordance with applicable filing requirements. Prior to filing a notice of withdrawal from registration on Form BDW (17 CFR 249.501a), a government securities broker or government securities dealer shall amend Form BD (17 CFR 249.501) in accordance with 17 CFR 400.5(a) to update any inaccurate information. 10. Amend § 240.17a-3, the undesignated paragraph following paragraph (a)(12)(i)(H) by: a. Revising the phrase “National Association of Securities Dealers, Inc.” to read “Financial Industry Regulatory Authority, Inc.”; b. Revising the phrase “New York Stock Exchange, Inc., the Pacific Exchange, Inc.” to read “New York Stock Exchange LLC, NYSE Arca, Inc.”; and c. Revising the phrase “Chicago Board Options Exchange, Inc., the Cincinnati Stock Exchange, Inc. or the International Securities Exchange” to read “Chicago Board Options Exchange, Incorporated, the National Stock Exchange, Inc. or the International Securities Exchange, LLC”. PART 249—FORMS, SECURITIES EXCHANGE ACT OF 1934 11. The authority citation for part 249 continues to read in part as follows: Authority: 15 U.S.C. 78a, *et seq.* , 7202, 7233, 7241, 7262, 7264, and 7265; and 18 U.S.C. 1350, unless otherwise noted. 12. Form BD (referenced in § 249.501) is amended by: a. In General Instruction A.1., second sentence, revising “the NASD” to read “FINRA”; b. In General Instruction A.5., FEDERAL INFORMATION LAW AND REQUIREMENTS, i. In the second sentence, revising the phrase “Sections 15, 15c,” to read “Sections 15, 15B, 15C,”; ii. In the third sentence, revising the phrase “ *See* 15 U.S.C. §§ 78o,” to read “ *See* 15 U.S.C. 78o, 78o-4,”; and iii. In the seventh sentence, revising the phrase “National Association of Securities Dealers, Inc.” to read “Financial Industry Regulatory Authority, Inc.”; c. In Electronic Filing Instruction C.3., revising the phrase “NASAA/NASD” to read “NASAA/FINRA”; d. On page 2, Item 2, revising the box “NASD” to read “FINRA”; e. In Schedule E, Item 10, revising the phrase “NASD Rule 3010” to read “FINRA rules”; f. In Schedule E, Item 12, revising the phrase “the NASD” to read “FINRA”; and g. In the boxes following Schedule E, Item 12, revising “NASD” to read “FINRA” each time it appears. Note: The text of Form BD does not, and these amendments will not, appear in the Code of Federal Regulations. 13. Form BDW (referenced in § 249.501a) is amended by: a. In General Instruction A.3., revising the phrase “the NASD” to read “FINRA”; b. In Partial Withdrawal C.2., revising the phrase “NASAA/NASD” to read “NASAA/FINRA”; c. In Explanation of Terms, under the term *Investigation* , first sentence, revising “NASD Regulation, Inc.” to read “FINRA” and revising “The NASD By-Laws” to read “FINRA By-Laws”; d. Under Federal Information Law and Requirements—SEC's Collection of Information, i. In the second sentence, revising the phrase “Sections 15, 15C,” to read “Sections 15, 15B, 15C,”; ii. In the third sentence, revising the phrase “ *See* 15 U.S.C. §§ 78o,” to read “ *See* 15 U.S.C. 78o, 78o-4,”; and iii. In the seventh sentence, revising the phrase “National Association of Securities Dealers, Inc.” to read “Financial Industry Regulatory Authority, Inc.”; and e. In Item 3, revising the box “NASD” to read “FINRA”. Note: The text of Form BDW does not, and these amendments will not, appear in the Code of Federal Regulations. 14. Form BD-N (referenced in § 249.501b) is amended by: a. In Instruction 4, revising “200 West Madison Street, Suite 1600” to read “300 South Riverside Plaza, Suite 1800”. Note: The text of Form BD-N does not, and these amendments will not, appear in the Code of Federal Regulations. 15. Form MSD (referenced in § 249.1100) is amended by: a. In General Instruction K, fourth sentence, i. Revising the phrase “Comptroller of the Currency, Washington, DC 20219” to read “Comptroller of the Currency, Credit & Market Risk, 250 E Street, SW., MS 9-14, Washington, DC 20219”; ii. Revising the phrase “Federal Reserve Board, Washington, DC 20551” to read “Board of Governors of the Federal Reserve System, Market and Liquidity Risk Section, Mail Stop 185, 20th and C Streets, NW., Washington, DC 20551”; and iii. Revising the phrase “Federal Deposit Insurance Corporation, Washington, DC 20429” to read “Federal Deposit Insurance Corporation, 550 17th St., NW., Washington, DC 20429; applicants which are federal savings associations, or departments or divisions of such savings associations, must file Form MSD with the Office of Thrift Supervision, Managing Director, Examinations and Supervision Policy, 1700 G Street, NW., Washington, DC 20552”. Note: The text of Form MSD does not, and these amendments will not, appear in the Code of Federal Regulations. 16. Form MSDW (referenced in § 249.1110) is amended by: a. In General Instruction 2, fourth sentence, i. Revising the phrase “Comptroller of the Currency, Washington, DC 20219” to read “Comptroller of the Currency, Credit & Market Risk, 250 E Street, SW., MS 9-14, Washington, DC 20219”; ii. Revising the phrase “Federal Reserve Board, Washington, D.C. 20551” to read “Board of Governors of the Federal Reserve System, Market and Liquidity Risk Section, Mail Stop 185, 20th and C Streets, NW., Washington, DC 20551”; and iii. Revising the phrase “Federal Deposit Insurance Corporation, Washington, DC 20429” to read “Federal Deposit Insurance Corporation, 550 17th St., NW., Washington, DC 20429; applicants which are federal savings associations, or departments or divisions of such savings associations, must file Form MSDW with the Office of Thrift Supervision, Managing Director, Examinations and Supervision Policy, 1700 G Street, NW., Washington, DC 20552”. Note: The text of Form MSDW does not, and these amendments will not, appear in the Code of Federal Regulations. PART 275—RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940 17. The authority citation for part 275 continues to read, in part, as follows: Authority: 15 U.S.C. 80b-2(a)(11)(G), 80b-2(a)(17), 80b-3, 80b-4, 80b-4a, 80b-6(4), 80b-6a, and 80b-11, unless otherwise noted. 18. Amend § 275.203-1 by revising paragraph
(d)to read as follows: § 275.203-1 Application for investment adviser registration.
(d)*Filing fees.* You must pay FINRA (the operator of the IARD) a filing fee. The Commission has approved the amount of the filing fee. No portion of the filing fee is refundable. Your completed application for registration will not be accepted by FINRA, and thus will not be considered filed with the Commission, until you have paid the filing fee. 19. Amend § 275.203-3 by revising paragraph (b)(3) and the Note to paragraph
(b)to read as follows: § 275.203-3 Hardship exemptions.
(b)* * *
(3)*Effective date—upon approval.* You are not exempt from the electronic filing requirements until and unless the Commission approves your application. If the Commission approves your application, you may submit your filings to FINRA in paper format for the period of time for which the exemption is granted. Note to paragraph (b): FINRA will charge you an additional fee covering its cost to convert to electronic format a filing made in reliance on a continuing hardship exemption. 20. Amend § 275.204-1 by revising paragraphs (b)(2) and
(d)to read as follows: § 275.204-1 Amendments to application for registration.
(b)* * *
(2)If you have received a continuing hardship exemption under § 275.203-3, you must, when you are required to amend your Form ADV, file a complete Part 1A of Form ADV on paper with the SEC by mailing it to FINRA.
(d)*Filing fees.* You must pay FINRA (the operator of the IARD) an initial filing fee when you first electronically file Part 1A of Form ADV. After you pay the initial filing fee, you must pay an annual filing fee each time you file your annual updating amendment. No portion of either fee is refundable. The Commission has approved the filing fees. Your amended Form ADV will not be accepted by FINRA, and thus will not be considered filed with the Commission, until you have paid the filing fee. PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 21. The authority citation for part 279 continues to read as follows: Authority: The Investment Advisers Act of 1940, 15 U.S.C. 80b-1, *et seq.* 22. Form ADV (referenced in § 279.1) is amended by: a. In General Instruction 1, third paragraph, revising “NASD” to read “FINRA”; b. In General Instruction 9, i. In the first bullet, fourth sentence, revising “NASD” to read “FINRA”; ii. In the second bullet, revising all references to “NASD” to read “FINRA” each time it appears; and iii. In the fourth bullet, revising “NASD” to read “FINRA”; c. In General Instruction 10, i. In the first paragraph, fourth sentence, revising “NASD” to read “FINRA”; and ii. In the second paragraph, revising “NASD” to read “FINRA”; d. In General Instruction 14, second bullet, revising all references to “NASD” to read “FINRA” each time it appears; e. In General Instruction 15, first bullet under “Where you submit your paper filing depends on why you are eligible to file on paper,” revising all references to “NASD” to read “FINRA” each time it appears; f. Removing Glossary of Terms 23; g. Redesignating Glossary of Terms 11 to 22, as Glossary of Terms 12 to 23; h. Adding new Glossary of Terms 11; i. In Glossary of Terms 32, Self-Regulatory Organization or SRO, second sentence, revising “NASD” to read “FINRA”; and j. In Part 1A, Item 1.E., first sentence, revising “ *NASD's* ” to read “ *FINRA's* ”. Note: The text of Form ADV does not, and these amendments will not, appear in the Code of Federal Regulations. The addition of new Glossary of Terms 11 reads as follows: Form ADV Glossary of Terms 11. *FINRA's CRD or CRD:* The Web Central Registration Depository (“CRD”) system operated by FINRA for the registration of broker-dealers and broker-dealer representatives. *[Used in: Part 1A, Item 1; Form ADV-W, Item 1]* 23. Form ADV-W (referenced in § 279.2) is amended by: a. In Instruction 5, How should I file my Form ADV-W?, second paragraph, second sentence, revising “NASD,” to read “FINRA,”; and b. In Item 1.C., revising “ *NASD's* ” to read “ *FINRA's* ”. Note: The text of Form ADV-W does not, and these amendments will not, appear in the Code of Federal Regulations. Dated: January 17, 2008. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E8-1171 Filed 1-25-08; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9369] RIN 1545-BG40 Calculating and Apportioning the Section 11(b)(1) Additional Tax Under Section 1561 for Controlled Groups; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to temporary regulations (TD 9369) that were published in the **Federal Register** on Wednesday, December 26, 2007 (72 FR 72929) affecting component members of a controlled group of corporations and consolidated groups filing life-nonlife Federal income tax returns. These regulations provide guidance for calculating and apportioning between component members any amount of additional tax and any reduction in the amount exempted from the alternative minimum tax. DATES: The correction is effective January 28, 2008. FOR FURTHER INFORMATION CONTACT: Grid Glyer,
(202)622-7930 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The temporary regulations (TD 9369) that are the subject of the correction are under sections 11, 55, 1502, 1561 and 1563 of the Internal Revenue Code. Need for Correction As published, temporary regulations (TD 9369) contain an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following amendment: PART 1—INCOME TAXES **Paragraph 1** . The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2** . Section 1.1561-2T is amended by revising paragraph (b)(1) to read as follows: § 1.1561-2T Special rules for allocating reductions to certain section 1561(a) tax-benefit items (temporary).
(b)* * *
(1)*Calculation.* The alternative minimum taxable incomes for all the taxable years of the component members of a controlled group of corporations subjected to the same December 31st testing date shall be taken into account in calculating the reduction set forth in section 55(d)(3) to the amount exempted from the alternative minimum tax (the exemption amount). LaNita Van Dyke, Chief, Publications and Regulations Branch,Legal Processing Division,Associate Chief Counsel,(Procedure and Administration). [FR Doc. E8-1367 Filed 1-25-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2007-0128] RIN 1625-AA00 Safety Zone; Molokini Crater, Maui, HI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; request for comments. SUMMARY: The Coast Guard is establishing a temporary safety zone around Molokini Crater, in waters south of the island of Maui, HI. This zone is necessary to protect rescue and security assets, air crews, and the general public from hazards associated with an explosive ordnance disposal
(EOD)process scheduled to take place on Molokini Crater. Entry of persons or vessels into this safety zone is prohibited unless authorized by the Captain of the Port
(COTP)Honolulu. DATES: This rule is effective from January 27, 2008 through February 8, 2008. The Coast Guard will accept comments on this rule through February 8, 2008. ADDRESSES: You may submit comments and related material, identified by Coast Guard docket number USCG-2007-0128, by any of the four methods listed below. To avoid duplication, please use only one of the following methods:
(1)*Mail:* Commanding Officer, U.S. Coast Guard Sector Honolulu, 400 Sand Island Parkway, Honolulu, Hawaii 96819-4398.
(2)*Electronically:* E-mail to Lieutenant (Junior Grade) Jasmin Parker at *Jasmin.M.Parker@uscg.mil* using the subject line “Comment—Molokini Safety Zone.”
(3)*Fax:*
(808)522-8271.
(4)*Online: http://www.regulations.gov.* Documents indicated in this preamble as being available in the docket are part of docket USCG-2007-0128 and are available for inspection and copying at U.S. Coast Guard Sector Honolulu between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jasmin Parker, U.S. Coast Guard Sector Honolulu at
(808)842-2600. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this temporary rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. It would be contrary to the public interest to delay implementing this temporary rule, as any delay might result in damage or injury to the public, vessels, and facilities in the area of Molokini Crater. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the **Federal Register** . Although the Coast Guard has good cause to issue this temporary rule without first publishing a proposed rule, you are invited to submit post-promulgation comments and related material regarding this rule through February 8, 2008. All comments will be reviewed as they are received. Your comments will assist us in drafting future rules should they be necessary, and may cause us to change this temporary final rule before it expires. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)for their Docket Management Facility to process online submissions to Coast Guard dockets. You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://DocketsInfo.dot.gov.* Background and Purpose During a cite survey on Molokini Crater, surveyors discovered three pieces of unexploded ordnance requiring disposal. The Coast Guard, in consultation with the U.S. Fish and Wildlife Service, the State of Hawaii, the City and County of Maui, the U.S. Navy, and the Federal Aviation Administration, has determined it is necessary to close the area in the vicinity of Molokini Crater in order to minimize the dangers that fragmentation, explosive arcs, and possible fires may present to persons and vessels. Should such an incident occur, or in the event that EOD personnel would require emergency assistance, rescuers must have immediate and unencumbered access to the area. Also, vessels operating in the area might otherwise distract EOD and rescue personnel. The Coast Guard, through this action, intends to promote the safety of personnel, vessels, and facilities in the area of Molokini Crater. Discussion of Rule This temporary safety zone encompasses all waters up to and within one nautical mile of the shoreline of Molokini Crater, from the surface of the water to the ocean floor. It is effective from January 27, 2008 through February 8, 2008, but will be enforced for periods of ten hours or less on the effective dates. Unpredictable weather and sea states make a broad date and time range necessary to safely complete the EOD. Enforcement periods will be announced over marine band VHF channel 16 prior to enforcement to ensure ample public notification. In accordance with the general regulations in 33 CFR part 165, subpart C, no person or vessel is permitted to enter or remain in the zone except for support vessels/aircraft and support personnel, or other vessels authorized by the Captain of the Port or his designated representatives. Vessels, aircraft, or persons in violation of this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Regulatory Evaluation This rule is not a “significant regulatory action” under § 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under § 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order.The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This expectation is based on the limited duration of the zone and the limited geographic area affected by it. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will have a significant economic impact on a substantial number of small entities. 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. We expect that there will be little impact to small entities due to the narrowly tailored scope of this safety zone. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant (Junior Grade) Jasmin Parker, U.S. Coast Guard Sector Honolulu at
(808)842-2600. 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. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and either preempts State law or imposes a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 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 or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards is inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, under figure 2-1, paragraph (34)(g) of the Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. An “Environmental Analysis Checklist” and “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record-keeping 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 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14-165 to read as follows: § 165.T14-165 Safety Zone; Molokini Crater, Maui, HI.
(a)*Location.* The following is a safety zone: All waters up to and within 1 nautical mile of the shoreline of Molokini Crater, from the surface of the water to the ocean floor.
(b)*Effective Dates.* This rule is effective from January 27, 2008 through February 8, 2008.
(c)*Suspension of Enforcement.* The Coast Guard will suspend enforcement of the safety zone described in this section whenever explosive ordinance disposal work is not being performed in the vicinity. Advance notice of enforcement periods and suspension of enforcement will be announced over marine band VHF channel 16.
(d)*Regulations.* In accordance with the general regulations in 33 CFR part 165, Subpart C, no person or vessel may enter or remain in the zone except for support vessels/aircraft and support personnel, or other vessels authorized by the Captain of the Port or his designated representatives.
(e)*Penalties.* Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: January 10, 2008. B.A. Compagnoni, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 08-354 Filed 1-23-08; 4:28 pm]
Connectionstraces to 35
Traces to 35 documents
register
U.S. Code
- Federal Aviation Administration§ 106
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Rule making§ 553
- Definitions§ 601
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Definitions and application§ 78c
- Definitions§ 80b–2
- Rules, regulations, and orders; annual reports§ 78w
- Registration and regulation of brokers and dealers§ 78o
- Special powers of Commission§ 77s
- Rules, regulations, and orders§ 77sss
- Rules, regulations, and orders§ 80a–37
- Registration of investment advisers§ 80b–3
- Classes of securities under this subchapter§ 77c
- Failure of corporate officers to certify financial reports§ 1350
- Government securities brokers and dealers§ 78o–5
- Short title§ 78a
- Findings§ 80b–1
- Rules and regulations§ 7805
- Transferred§ 192
- Avoidance of duplicative or unnecessary analyses§ 605
- Establishment, functions, and activities§ 272
- Transferred§ 1226
- Transferred§ 191
CFR
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Form BD, for application for registration as a broker and dealer or to amend or supplement such an application.§ 249.501
- Form MSDW, notice of withdrawal from registration as a municipal securities dealer pursuant to Rule 15Bc3-1 (17 CFR 240.15Bc3-1).§ 249.1110
- Amendments to application for registration and to notice of status as a government securities broker or dealer.§ 400.5
- Delegation of rulemaking authority.§ 1.05-1
15 references not yet in our index
- 14 CFR 39
- 1 CFR 51
- 14 CFR 95
- Pub. L. 109-351
- 120 Stat. 1966
- 26 CFR 1
- T.D. 9369
- 33 CFR 165
- 33 USC 1232
- 5 USC 601-612
- Pub. L. 104-121
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- Pub. L. 107-295
Citation graph
cites case law
Unknown
Final rule; request for comments
Cite14 CFR 39
Cite1 CFR 51
Cite14 CFR 95
Cites 50 · showing 12Cited by 0 across 0 sources