[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Notices]
[Page 45257]
[DOCID:fr04au08-75]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Global Diamond Exchange, Inc.; Order of Suspension of Trading

July 31, 2008.
    It appears to the Securities and Exchange Commission that the
public interest and the protection of investors require a suspension of
trading in the securities of Global Diamond Exchange, Inc. (``Global
Diamond'') because there is a lack of current and accurate information
concerning its securities. Questions have arisen concerning the
company's current business operations, control of the company, and the
company's reliance on Rule 504 of Regulation D of the Securities Act of
1933 in conducting a distribution of its securities. Global Diamond, a
company that has made no public filings with the Commission, is quoted
on the Pink Sheets under the ticker symbol GBDX.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 9:30 a.m. EDT, July 31, 2008,
through 11:59 p.m. EDT, on August 13, 2008.

    By the Commission.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-17896 Filed 7-31-08; 11:15 am]

BILLING CODE 8010-01-P


[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Page 34006]
[FR Doc No: E9-16558]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1341-000]

Grand Ridge Energy IV LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

July 7, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Grand Ridge Energy IV LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 27, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-16558 Filed 7-13-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38738-38739]
[FR Doc No: 2021-15616]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3560-EM; Docket ID FEMA-2021-0001]

Florida; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Florida (FEMA-3560-EM), dated June 25, 2021,
and related determinations.

DATES: The declaration was issued June 25, 2021.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 25, 2021, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of Florida resulting from the Surfside Building
Collapse beginning on June 24, 2021, and continuing, are of
sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists in the
State of Florida.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide the Individuals and Households Program under
Section 408 of the Stafford Act and assistance for debris removal
and emergency protective measures, including direct Federal
assistance, under the Public Assistance program.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Other Needs Assistance under section 408 will
be limited to 75 percent of the total eligible costs. In order to
provide Federal assistance, you are hereby authorized to allocate
from funds available for these purposes such amounts as you find
necessary for Federal emergency assistance and administrative
expenses.
    Further, you are authorized to make changes to this declaration
for the approved

assistance to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Thomas
J. McCool, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of Florida have been designated as
adversely affected by this declared emergency:

    The Individuals and Households Program under Section 408 of the
Stafford Act and assistance for debris removal and emergency
protective measures (Categories A and B), including direct federal
assistance, under the Public Assistance program for Miami-Dade
County.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-15616 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25822-25823]
[DOCID:fr07my08-149]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements Filed the Week Ending March 14,
2008

    The following Agreements were filed with the Department of
Transportation under the Sections 412 and 414 of the Federal Aviation
Act, as amended (49 U.S.C. 1383 and 1384) and procedures governing
proceedings to enforce these provisions. Answers may be filed within 21
days after the filing of the application.
    Docket Number: DOT-OST-2008-0090.
    Date Filed: March 10, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 North Atlantic-Middle East (except between USA and
Jordan) Resolutions and Specified Fares Tables (Memo 0279) Minutes:
TC12 North, Mid, South Atlantic-Middle East TC12 North, Mid, South
Atlantic-Africa (Memo 0283/0267) Intended effective date: 1 April 2008.

    Docket Number: DOT-OST-2008-0091.
    Date Filed: March 10, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 North Atlantic-Middle East between USA and Jordan
Resolutions and Specified Fares Tables (Memo 0280) Minutes: TC12 North,
Mid, South Atlantic-Middle East TC12 North, Mid, South Atlantic-Africa
(Memo 0283/0267) Intended effective date: 1 April 2008.

    Docket Number: DOT-OST-2008-0092.
    Date Filed: March 10, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 Mid Atlantic-Middle East Resolutions and Specified
Fares Tables (Memo 0281) Minutes: TC12 North, Mid, South Atlantic-
Middle East TC12 North, Mid, South Atlantic-Africa (Memo 0283/0267)
Intended effective date: 1 April 2008.

    Docket Number: DOT-OST-2008-0093.

    Date Filed: March 10, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 South Atlantic-Middle East Resolutions and Specified
Fares Tables (Memo 0282) Minutes: TC12 North, Mid, South Atlantic--
Middle East TC12 North, Mid, South Atlantic--Africa (Memo 0283 / 0267)
Intended effective date: 1 April 2008.

    Docket Number: DOT-OST-2008-0094.
    Date Filed: March 10, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: PTC COMP Mail Vote 561 Resolution 011b Global Indicators
(Memo 1459) Intended effective date: 1 April 2008.

    Docket Number: DOT-OST-2008-0096.
    Date Filed: March 11, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: PSC/RESO/141 dated February 8, 2007 Finally Adopted
Resolutions & Recommended Practices r1-r33 PSC/MINS/023 dated February
28, 2006 MINUTES Intended effective date: June 1, 2008.

    Docket Number: DOT-OST-2008-0097.
    Date Filed: March 11, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 560--Resolution 002af TC23/123 Europe-Japan,
Korea Special Passenger Revalidating Resolution 002af Between Europe
and Korea (Rep. of Korea People's Dem. Rep. of) (Memo 0166) Intended
effective date: 1 April 2008.

    Docket Number: DOT-OST-2008-0098.
    Date Filed: March 11, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 563 TC23 Middle East-Japan, Korea Special
Passenger Amending Resolutions and Specified Fares Tables between
Middle East and Japan, Korea (Rep. of) (Memo 0368) Intended effective
date: 1 April 2008.

    Docket Number: DOT-OST-2008-0099.
    Date Filed: March 11, 2008.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 562 TC23 Africa-Japan, Korea Special Passenger
Amending Resolutions and Specified Fares Tables Between Africa and
Japan, Korea (Rep. of), Korea (Dem. Rep. of) (Memo 0366) Intended
effective date: 1 April 2008.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
 [FR Doc. E8-10058 Filed 5-6-08; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Page 1244]
[FR Doc No: 2016-256]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-440, OMB Control No. 3235-0496]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Appendix F to Rule 15c3-1.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Appendix F to Rule 15c3-1
(``Appendix F'' or ``Rule 15c3-1f'') (17 CFR 240.15c3-1f) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Appendix F requires a broker-dealer choosing to register, upon
Commission approval, as an OTC derivatives dealer to develop and
maintain an internal risk management system based on Value-at-Risk
(``VaR'') models. It is anticipated that a total of one (1) broker-
dealer registering as an OTC derivatives dealer will spend 1,000 hours
on a one-time basis complying with the system development requirements
of Rule 15c3-1f, for an estimated one-time initial startup burden of
approximately 1,000 hours. Appendix F also requires the OTC derivatives
dealer to maintain its system model according to certain prescribed
standards. It is anticipated that the four (4) OTC derivatives dealers
currently registered with the Commission will each spend 1,000 hours
per year maintaining the system model required by Rule 15c3-1f, for an
estimated recurring annual burden of approximately 4,000 hours. It is
anticipated that the one (1) broker-dealer registering as an OTC
derivatives dealer will spend 1,000 hours maintaining the system model
required by Rule 15c3-1f in each year following its registration. Thus,
the total industry-wide burden is estimated to be approximately 5,000
hours (4,000 hours + 1,000 hours) for the first year and 5,000 hours
for each subsequent year.\1\
---------------------------------------------------------------------------

    \1\ The Commission estimates that a total of five entities will
be registered as OTC derivatives dealers at the end of the next
three years, consisting of the four current OTC derivatives dealers
and one anticipated registrant. This is in contrast with the prior
estimate of eight OTC derivatives dealers, consisting of four
current OTC derivatives dealers and four anticipated registrants.
---------------------------------------------------------------------------

    The records required to be kept pursuant to Appendix F and results
of periodic reviews conducted pursuant to Rule 15c3-4 generally must be
preserved under Rule 17a-4 of the Exchange Act (17 CFR 240.17a-4) for a
period of not less than three years, the first two years in an easily
accessible place. The Commission will not generally publish or make
available to any person notices or reports received pursuant to the
Rule. The statutory basis for the Commission's refusal to disclose such
information to the public is the exemption contained in Section (b)(4)
of the Freedom of Information Act (5 U.S.C. 552), which essentially
provides that the requirement of public dissemination does not apply to
commercial or financial information which is privileged or
confidential.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: January 5, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-256 Filed 1-8-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74074]
[DOCID:fr14de05-113]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52896; File No. SR-NASD-2005-116]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Order Approving Proposed Rule Change To Modify Nasdaq's
Auditor Peer Review Requirement

December 6, 2005.
    On September 29, 2005, the National Association of Securities
Dealers, Inc. (``NASD''), through its subsidiary, The Nasdaq Stock
Market, Inc. (``Nasdaq''), filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to modify NASD Rule 4350(k),
regarding the oversight of accountants that audit listed issuers.\3\
The proposed rule change was published for comment in the Federal
Register on October 26, 2005.\4\ The Commission received no comments on
the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The proposed rule change would also make a conforming
amendment to the language of NASD Rule 4200(a).
    \4\ Securities Exchange Act Release No. 52645 (Oct. 20, 2005),
70 FR 61864.
---------------------------------------------------------------------------

    Current NASD Rule 4350(k) requires each issuer listed on Nasdaq to
be audited by an independent accountant that has received an external
quality control review by another independent public accountant (a
``peer review'') or is enrolled in an acceptable peer review program.
The proposed rule change would replace this requirement with a
provision that requires each listed issuer to be audited by an
independent accountant that is registered as a public accounting firm
with the Public Company Accounting Oversight Board (``PCAOB''), as
provided for in the Sarbanes-Oxley Act of 2002 (the ``Sarbanes-Oxley
Act'').\5\ The PCAOB is charged, among other things, with conducting a
continuing program of inspections of registered public accounting
firms.\6\
---------------------------------------------------------------------------

    \5\ See Section 102 of the Sarbanes-Oxley Act, 15 U.S.C. 7212.
    \6\ See Section 104 of the Sarbanes-Oxley Act, 15 U.S.C. 7214.
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with the requirements of Section 15A(b) of the Act \7\ and the rules
and regulations thereunder applicable to a national securities
association,\8\ and in particular, with Section 15A(b)(6) of the
Act.\9\ The Commission believes that the proposed rule change will
align Nasdaq's requirements with the auditor oversight requirements of
the Sarbanes-Oxley Act and eliminate the redundancy of Nasdaq's current
rule.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(b).
    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-NASD-2005-116) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7333 Filed 12-13-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33199-33201]
[FR Doc No: 2013-12722]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1322; Directorate Identifier 2012-NM-155-AD;
Amendment 39-17466; AD 2013-11-06]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model Mystere-Falcon 900 and Falcon 900EX airplanes.
This AD was prompted by reports of chafing between the tail strobe
power supply and a hydraulic line. This AD requires modifying the tail
strobe power supply wire routing. We are issuing this AD to prevent
chafing between the tail strobe power supply and a hydraulic line,
which could result in hydraulic fluid leakage and possible fire due to
arcing, and consequent loss of control of the airplane due to
structural failure of the tail.

DATES: This AD becomes effective July 9, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 9, 2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 5, 2013 (78
FR 8052). That NPRM proposed to correct an unsafe condition for the
specified products. The European Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2012-0162, dated August 29,
2012 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Two reports were received concerning Falcon 900 aeroplanes,
where chafing between the tail strobe power supply and a hydraulic
line was found. In the latest reported occurrence, the chafing
damaged the power line and created an electrical arcing which
created a pin hole in the hydraulic line, leading to hydraulic fluid
leakage.
    This condition, if not corrected, could jeopardize the
aeroplane's safe flight.
    To address this potential unsafe condition, Dassault Aviation
developed modification (M5741) of the routing of the tail strobe
power supply wire, which is available for accomplishment in service
through Dassault Service Bulletin (SB) F900-431 or SB F900EX-437, as
applicable to aeroplane model.
    For the reasons described above, this [EASA] AD requires
modification of the routing of the tail strobe power supply wire.

The unsafe condition is chafing between the tail strobe power supply
and a hydraulic line, which could result in hydraulic fluid leakage and
possible fire due to arcing, and consequent loss of control of the
airplane due to structural failure of the tail. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 8052, February 5,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed--except for
minor editorial changes. We have determined that these minor changes:

     Are consistent with the intent that was proposed in the
NPRM (78 FR 8052, February 5, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 8052, February 5, 2013).

Costs of Compliance

    We estimate that this AD will affect 180 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $31 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $36,180, or $201 per product.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

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 the NPRM (78 FR 8052, February 5,
2013), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-11-06 Dassault Aviation: Amendment 39-17466. Docket No. FAA-
2012-1322; Directorate Identifier 2012-NM-155-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 9,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Dassault Aviation Model Mystere-Falcon 900 airplanes, serial
numbers 142 and subsequent.
    (2) Dassault Aviation Model Falcon 900EX airplanes, all serial
numbers except those on which Dassault Aviation Modification M5741
has been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
Power.

(e) Reason

    This AD was prompted by reports of chafing between the tail
strobe power supply and a hydraulic line. We are issuing this AD to
prevent chafing between the tail strobe power supply and a hydraulic
line, which could result in hydraulic fluid leakage and possible
fire due to arcing, and consequent loss of control of the airplane
due to structural failure of the tail.

(f) Compliance

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

(g) Actions

    Within 65 days or 200 flight hours after the effective date of
this AD, whichever occurs first: Modify the tail strobe power supply
wire routing, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin F900-431, dated November 8, 2011
(for Model Mystere-Falcon 900 airplanes); or Dassault Mandatory
Service Bulletin F900EX-437, dated November 8, 2011 (for FALCON
900EX airplanes).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information European

Aviation Safety Agency Airworthiness Directive 2012-0162, dated
August 29, 2012, and the service information specified in paragraphs
(i)(1) and (i)(2) of this AD, for related information.
    (1) Dassault Mandatory Service Bulletin F900-431, dated November
8, 2011.
    (2) Dassault Mandatory Service Bulletin F900EX-437, dated
November 8, 2011.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Dassault Mandatory Service Bulletin F900-431, dated November
8, 2011.
    (ii) Dassault Mandatory Service Bulletin F900EX-437, dated
November 8, 2011.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 17, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-12722 Filed 6-3-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6475-6476]
[FR Doc No: 2011-2441]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0603]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Animal Drug User Fees
and Fee Waivers and Reductions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
7, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0540.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Johnny Vilela, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Animal Drug User Fees and Fee Waivers and Reductions--(OMB Control
Number 0910-0540)--Extension

    Enacted on November 18, 2003, the Animal Drug User Fee Act (ADUFA)
(Pub. L. 108-130) amended the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) and requires FDA to assess and collect user fees for certain
applications, products, establishments, and sponsors. It also requires
the Agency to grant a waiver from or a reduction of those fees in
certain circumstances. Thus, to implement this statutory provision of
ADUFA, FDA developed a guidance entitled

``Guidance for Industry: Animal Drug User Fees and Fee Waivers and
Reductions.'' This document provides guidance on the types of fees FDA
is authorized to collect under ADUFA, and how to request waivers and
reductions from FDA's animal drug user fees. The guidance also
describes the types of fees and fee waivers and reductions, the
information FDA recommends respondents submit in support of a request
for a fee waiver or reduction, how respondents may submit such a
request, and FDA's process for reviewing requests.
    Respondents to this collection of information are new animal drug
sponsors. Requests for waivers or reductions may be submitted by a
person paying any of the animal drug user fees assessed--application
fees, product fees, establishment fees, or sponsor fees.
    In the Federal Register of December 2, 2010 (75 FR 75175), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
        FD&C Act section             Number of     frequency per   Total annual      Hours per      Total hours
                                    respondents      response        responses       response
----------------------------------------------------------------------------------------------------------------
740(d)(1)(A) Significant barrier              22               1              22               2              44
 to innovation..................
740(d)(1)(B) Fees exceed cost...               0               1               0               2               0
740(d)(1)(C) Free choice feeds..               2               1               2               2               4
740(d)(1)(D) Minor use or minor               52               1              52               2             104
 species........................
740(d)(1)(E) Small business.....               0               1               0               0               0
Request for reconsideration of a               5               1               5               2              10
 decision.......................
Request for review--(user fee                  2               1               2               2               4
 appeal officer)................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             166
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on FDA's database system, there are an estimated 250 sponsors
of products subject to ADUFA. However, not all sponsors will have any
submissions in a given year and some may have multiple submissions. The
total number of waiver requests is based on the number of submission
types received by FDA in fiscal year 2008.

    Dated: January 31, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-2441 Filed 2-3-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: January 13, 2006 (Volume 71, Number 9)]
[Notices]
[Page 2205-2206]
[DOCID:fr13ja06-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-163-000]

Kinder Morgan Interstate Gas Transmission LLC; Notice of
Reconciliation Filing

January 5, 2006.
    Take notice that on December 30, 2005, Kinder Morgan Interstate Gas
Transmission LLC (KMIGT) tendered for filing its annual reconciliation
filing pursuant to section 35 of its general terms and conditions of
its FERC Gas Tariff, Fourth Revised Volume No. 1-B.
    KMIGT has served copies of this filing upon all jurisdictional
customers, interested state commissions, and other interested parties.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and

Procedure (18 CFR 385.211 and 385.214). Protests will be considered by
the Commission in determining the appropriate action to be taken, but
will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date : 5 p.m. Eastern Time on January 11, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-271 Filed 1-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9294-9296]
[FR Doc No: 2023-02961]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0366]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Food and Drug Administration Advisory Committees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
associated with certain FDA advisory committee activities.

DATES: Either electronic or written comments on the collection of
information must be submitted by April 14, 2023.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 14, 2023. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-0366 for ``FDA Advisory Committees.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601

Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

FDA Advisory Committees; Information Collection Activities

OMB Control No. 0910-0833--Revision

    This information collection supports certain FDA advisory committee
administrative activities. FDA advisory committees are established to
advise or make recommendations on matters of public health that come
before the Agency. The Federal Advisory Committee Act (FACA) (5 U.S.C.
App. 2 3, Pub. L. 92-463) defines what constitutes an ``advisory
committee'' and provides general procedures to follow for the operation
of advisory committees. In addition, FACA is designed to assure that
Congress and the public are kept informed with respect to the purpose,
membership, and activities of advisory committees. FDA regulations at
21 CFR part 14 also establish procedures applicable to its advisory
committees.
    FACA does not specify the manner in which advisory committee
members and staff must be appointed. (See generally 5 U.S.C. App. 2.
See also, 41 CFR 102-3.105, and 102-3.130(a).) FDA's regulations,
however, specify that the Commissioner ``will publish one or more
notices in the Federal Register each year requesting nominations for
voting members of all existing standing advisory committees'' (Sec.
14.82(a) (21 CFR 14.82(a))). Nominations must specify the committee for
which the nominee is recommended; include a complete curriculum vitae
(CV); state that the nominee is aware of the nomination and willing to
serve; and state that the nominee appears to have no conflict of
interest that would preclude membership (Sec.  14.82(c)). To promote
transparency, consistent with FDA and General Services Administration
(GSA) policy (see GSA regulations encouraging Agencies to ``practice
openness'' and suggesting that ``agencies may wish to explore the use
of the internet to post advisory committee information . . .'' 41 CFR
102-3.95(d)), and pursuant to a settlement agreement in the case Public
Citizen Foundation, Inc. v. Food & Drug Administration, et al., No. 16-
cv-781 (D.D.C.), FDA is also seeking consent from nominees for FDA to
publicly post their CVs in the event they are selected to serve on an
FDA advisory committee.
    We are revising the information collection to include reporting
activities associated with Guest Speakers. Guest Speakers are
individuals who are occasionally asked to present technical and
scientific data pertaining to matters being considered by an FDA
advisory committee. Guest Speakers are not Government employees or are
special Government employees participating in a non-official, non-
governmental capacity. Guest Speakers are therefore not subject to the
conflict-of-interest statutes and regulations, including appearances of
a conflict of interest (5 CFR 2635.502).
    Seeking transparency and openness, the Agency has determined it
would be appropriate policy to request that a Guest Speaker voluntarily
disclose financial interests and professional relationships to
determine their eligibility to give a presentation at an advisory
committee meeting.\1 2\ Disclosures reported to the Agency by Guest
Speakers that are related to a meeting topic will be disclosed to the
public as part of the conflict-of-interest statement at the beginning
of a meeting. This will allow the committee to objectively evaluate the
Guest Speaker's presentation.
---------------------------------------------------------------------------

    \1\ A professional relationship is a relationship (not including
a transactional business relationship) with a firm, association,
society, supervisor, partner, colleague, mentor, or other persons in
an individual's professional network. These relationships include,
but are not limited to, employer--employee; professional--client;
society--professional; or professional--professional.
    \2\ Although screening is voluntary for Guest Speakers, as a
policy matter, FDA generally conditions a Guest Speaker's
participation in the meeting upon completion of the screening form
because an assessment of potentially disqualifying interests can
only be completed if the necessary information requested on the form
is disclosed to the Agency.
---------------------------------------------------------------------------

    Because not all Guest Speakers are current Federal Government or
Special Government employees bound by applicable statutory requirements
and implementing regulations that govern financial disclosure and other
conflicts of interest, we are instituting procedures in this regard.
However, we intend to utilize FORM OGE 450, ``Office of Government
Ethics Form'' and/or Form FDA 3410, to determine eligibility for
Federal Government employees or special Government employees
participating in an official governmental capacity to give a
presentation to an advisory committee. To assist respondents with the
reporting elements associated with these forms, we have prepared the
procedural guidance document for the public, FDA advisory committee
members, and FDA staff entitled ``Public Availability of Advisory
Committee Members' Financial Interest Information and Waivers'' (March
2014). The guidance is available for download at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/public-availability-advisory-committee-members-financial-interest-information-and-waivers and was issued consistent with our good guidance practice
regulations in 21 CFR 10.115, which provides for comment at any time.
For submission of Guest Speaker forms we have prepared a procedural
staff manual guide (SMG), ``Guidelines for Clearance of Conflicts of
Interest of Speakers Participating in Particular Matters Before an
Advisory Committee.'' SMGs are available for download at https://www.fda.gov/about-fda/reports-manuals-forms/staff-manual-guides.
    Accordingly, we are requesting approval for information collection
associated with FDA advisory committee membership nominations, as well
as collection associated with determining the eligibility of Guest
Speakers, as discussed in this supporting statement.

    Based on a review of data, we received 258 nominations for
membership to FDA advisory committees in fiscal year (FY) 2018; 333
nominations in FY 2019; 254 nominations in FY 2020; 289 nominations in
FY 2021; and 408 nominations in FY 2022. By averaging the number of
nominations received annually over the past 5 years, we estimate there
are approximately 308 respondents to the information collection. We
estimate it takes respondents 15 minutes to complete an initial
nomination, where accompanying documentation is already available or
has been prepared in advance by respondents. Multiplying 15 minutes
(0.25) by the number of respondents to the information collection (308)
equals 77 annual burden hours.
    We have also included a burden estimate for members who currently
serve on FDA advisory committees who must submit an updated CV and a
completed consent form annually. Currently, there are 532 authorized
positions for advisory committee members. While many positions are
filled, there are generally about 15 percent of member positions
vacant, which leaves an average of 452 respondents. The request for the
updated CV and consent form will be made through email communications
by the Designated Federal Officer of the committee. The burden to the
respondent is anticipated to be the same as the burden for new
nominations. We estimate each response will require 15 minutes (0.25)
for a total of 113 annual hours.
    To account for burden attendant to reporting information so that
FDA may determine respondents' eligibility to serve as Guest Speakers,
we include only those individuals who are not Federal Government
employees or who are special Government employees acting in a non-
official, non-governmental capacity. Based on historical information,
approximately 40 Guest Speakers present at advisory committee meetings
annually. The request for the form will be made through email
communications by the Designated Federal Officer of the committee. We
estimate each response will require 15 minutes (0.25) for a total of 10
annual hours.
    We estimate the burden of the collection of information as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Number of
 21 CFR part 14; subpart E--members of advisory      Number of     responses per   Total annual           Average burden  per response           Total
               committees activity                  respondents     respondent       responses                                                   hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Advisory Committee Membership Nominations.......             308               1             308  0.25 (15 minutes)..........................         77
Member Submission of Updated Information........             452               1             452  0.25 (15 minutes)..........................        113
Guest Speakers--Eligibility Form/Attestation....              40               1              40  0.25 (15 minutes)..........................         10
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................  ..............  ..............             800  ...........................................        200
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    As a result of these changes and adjustments, the information
collection reflects a decrease in membership nominations, an increase
in submissions of updated information, and submission of Guest Speaker
forms for an overall increase of 355 responses and 88 hours annually.

    Dated: February 7, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-02961 Filed 2-10-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78389-78391]
[FR Doc No: 2020-26673]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90528; File No. SR-NYSEArca-2020-80]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 2, To List and Trade
Shares of Alger Mid Cap 40 ETF and Alger 25 ETF Under Rule 8.900-E

November 30, 2020.

I. Introduction

    On September 1, 2020, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the Alger
Mid Cap 40 ETF and Alger 25 ETF (individually, ``Fund,'' and
collectively, ``Funds'') under NYSE Arca Rule 8.900-E (Managed
Portfolio Shares). The proposed rule change was published for comment
in the Federal Register on September 21, 2020.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89869 (September 15,
2020), 85 FR 59354.
---------------------------------------------------------------------------

    On October 7, 2020, NYSE Arca filed Amendment No. 1 to the proposed
rule change.\4\ On October 29, 2020, pursuant to Section 19(b)(2) of
the Act,\5\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to disapprove the
proposed rule change.\6\ On November 5, 2020, NYSE Arca filed Amendment
No. 2 to the proposed rule change.\7\ The Commission has received no
comments on the proposal. This order grants approval of the proposed
rule change, as modified by Amendment No. 2.
---------------------------------------------------------------------------

    \4\ Amendment No. 1, which amended and replaced the proposed
rule change in its entirety, is available on the Commission's
website at: https://www.sec.gov/comments/sr-nysearca-2020-80/srnysearca202080.htm.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 90286, 85 FR 70216
(November 4, 2020).
    \7\ Amendment No. 2, which amended and replaced the proposed
rule change, as modified by Amendment No. 1, in its entirety, is
available on the Commission's website at: https://www.sec.gov/comments/sr-nysearca-2020-80/srnysearca202080.htm.
---------------------------------------------------------------------------

II. The Exchange's Description of the Proposal, as Modified by
Amendment No. 2 \8\
---------------------------------------------------------------------------

    \8\ Additional information regarding the Funds, the Trust
(defined infra), and the Shares can be found in Amendment No. 2,
id., and the Registration Statement, infra note 9.
---------------------------------------------------------------------------

    NYSE Arca Rule 8.900-E(b)(1) requires the Exchange to file separate
proposals under Section 19(b) of the Act before listing and trading any
series of Managed Portfolio Shares on the Exchange. Accordingly, the
Exchange has submitted this proposal to list and trade the Shares of
the Funds. The Shares will be issued by The Alger ETF Trust
(``Trust''), a business trust organized under the laws of the state of
Massachusetts and registered with the Commission as an open-end
management investment company.\9\ The investment adviser to each Fund
will be Fred Alger Management, LLC (``Adviser''), and Fred Alger &
Company, LLC will serve as the distributor of each of the Fund's
Shares.
---------------------------------------------------------------------------

    \9\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On August 17, 2020, the Trust filed a
registration statement on Form N-1A under the Securities Act of 1933
and the 1940 Act for the Funds (File No. 811-23603) (``Registration
Statement''). The Commission issued an order granting exemptive
relief to the Trust (``Exemptive Order'') under the 1940 Act on May
19, 2020 (Investment Company Act Release No. 33869) in response to
the Trust's application (``Exemptive Application'') for exemptive
relief (File No. 812-15117).
---------------------------------------------------------------------------

A. Description of the Funds

    Each Fund's holdings will conform to the permissible investments as
set forth in the Exemptive Application and Exemptive Order and the
holdings will be consistent with all requirements in the Exemptive
Application and Exemptive Order.\10\
---------------------------------------------------------------------------

    \10\ Pursuant to the Exemptive Order, the only permissible
investments for a Fund are the following that trade on a U.S.
exchange contemporaneously with Shares of a Fund: Exchange-traded
funds (``ETFs''), exchange-traded notes, exchange-listed common
stocks, exchange-traded American Depositary Receipts, exchange-
traded real estate investment trusts, exchange-traded commodity
pools, exchange-traded metals trusts, exchange-traded currency
trusts and exchange-traded futures, as well as cash and cash
equivalents (short-term U.S. Treasury securities, government money
market funds, and repurchase agreements).
---------------------------------------------------------------------------

Alger Mid Cap 40 ETF
    The Fund's primary objective is to seek long-term capital
appreciation. The Fund will primarily invest in equity securities
listed on U.S. exchanges, including common or preferred stocks, of mid-
cap growth companies. The Fund will generally own approximately 40
holdings.
Alger 25 ETF
    The Fund's primary objective is to seek long-term capital
appreciation. The Fund will primarily invest in equity securities of
growth companies of any market capitalization listed on U.S. exchanges,
including common or preferred stocks. The Fund will generally own
approximately 25 holdings.

B. The Funds' Investment Restrictions

    Each Fund's investments, including derivatives, will be consistent
with its investment objective and will not be used to enhance leverage
(although certain derivatives and other investments may result in
leverage). That is, for each Fund, the Fund's investments will not be
used to seek performance that is the multiple or inverse multiple
(e.g., 2X or -3X) of the Fund's primary broad-based securities
benchmark index (as defined in Form N-1A).\11\
---------------------------------------------------------------------------

    \11\ Each Fund's broad-based securities benchmark index will be
identified in a future amendment to the Registration Statement
following that Fund's first full calendar year of performance.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 2, to list and trade the Shares is
consistent with the Act and the rules and regulations thereunder
applicable to a national securities exchange.\12\ In particular, the
Commission finds that the proposed rule change, as modified by
Amendment No. 2, is consistent with Section 6(b)(5) of the Act,\13\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    For each series, the Exchange will establish a minimum number of
Shares

required to be outstanding at the time of commencement of trading on
the Exchange.\14\
---------------------------------------------------------------------------

    \14\ See NYSE Arca Rule 8.900-E(d)(1)(A).
---------------------------------------------------------------------------

    The Adviser is not registered as a broker-dealer but is affiliated
with a broker-dealer.\15\ The Adviser has implemented and will maintain
a ``fire wall'' with respect to its broker-dealer affiliate regarding
access to information concerning the composition of, and changes to, a
Fund's portfolio and Creation Basket.\16\ Any person related to the
Adviser or the Trust who makes decisions pertaining to a Fund's
portfolio composition or that has access to information regarding a
Fund's portfolio or changes thereto or the Creation Basket will be
subject to procedures designed to prevent the use and dissemination of
material, non-public information regarding such portfolio or changes
thereto and the Creation Basket.\17\ Further, any person or entity,
including an AP Representative,\18\ custodian, Reporting Authority,
distributor, or administrator, who has access to information regarding
the Fund's portfolio composition or changes thereto or its Creation
Basket, must be subject to procedures designed to prevent the use and
dissemination of material, non-public information regarding the
applicable Fund portfolio or changes thereto or the Creation
Basket.\19\ Moreover, if any such person or entity is registered as a
broker-dealer or affiliated with a broker-dealer, such person or entity
must erect and maintain a ``fire wall'' between the person or entity
and the broker-dealer with respect to access to information concerning
the composition of and/or changes to such Fund's portfolio or Creation
Basket.\20\
---------------------------------------------------------------------------

    \15\ See Amendment No. 2, supra note 7, at 6.
    \16\ See id. See also NYSE Arca Rule 8.900-E(c)(5) (defining
``Creation Basket'').
    \17\ See Amendment No. 2, supra note 7, at 6. Furthermore, the
Exchange represents that in the event that (a) the Adviser becomes
registered as a broker-dealer or becomes newly affiliated with a
broker-dealer, or (b) any new adviser or sub-adviser is a registered
broker-dealer or becomes affiliated with a broker-dealer, the
Adviser will implement and maintain a fire wall with respect to
personnel of the broker-dealer or broker-dealer affiliate regarding
access to information concerning the composition and/or changes to
the portfolio and/or Creation Basket. See id. at 6.
    \18\ See NYSE Arca Rule 8.900-E(c)(5) (defining ``AP
Representative'').
    \19\ See NYSE Arca Rule 8.900-E(b)(5).
    \20\ See id.
---------------------------------------------------------------------------

    The Exchange states that trading in the Shares will be subject to
the Exchange's surveillance procedures for derivative products, and
that its surveillance procedures are adequate to properly monitor the
trading of the Shares on the Exchange during all trading sessions and
to deter and detect violations of Exchange rules and the applicable
federal securities laws.\21\ NYSE Arca Rule 8.900-E(b)(3) requires each
Fund's investment adviser to, upon request by the Exchange, or the
Financial Industry Regulatory Authority (``FINRA'') on behalf of the
Exchange, to make available to the daily portfolio holdings of each
series of Managed Portfolio Shares. The Exchange states that it has a
general policy prohibiting the distribution of material, non-public
information by its employees.\22\ The Commission notes that, similarly,
FINRA Rule 9910(d) generally prohibits FINRA employees from
disseminating or disclosing, for a purpose unnecessary to the
performance of FINRA job responsibilities any nonpublic information
obtained in the course of his or her employment.
---------------------------------------------------------------------------

    \21\ See Amendment No. 2, supra note 7, at 15.
    \22\ See id.
---------------------------------------------------------------------------

    The Commission also finds that the proposal is consistent with
Section 11A(a)(1)(C)(iii) of the Act,\23\ which sets forth Congress's
finding that it is in the public interest and appropriate for the
protection of investors and the maintenance of fair and orderly markets
to assure the availability to brokers, dealers, and investors of
information with respect to quotations for, and transactions in,
securities. The Commission believes that the proposal is reasonably
designed to promote fair disclosure of information that may be
necessary to price the Shares appropriately and to prevent trading in
the Shares when a reasonable degree of certain pricing transparency
cannot be assured. As such, the Commission believes the proposal is
reasonably designed to maintain a fair and orderly market for trading
the Shares.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    Specifically, as required by NYSE Arca Rule 8.900-E(d)(1)(B), the
Exchange will obtain a representation from the issuer that the net
asset value (``NAV'') per Share of each Fund will be calculated daily
and will be made available to all market participants at the same
time.\24\ Information regarding market price and trading volume of the
Shares will be continually available on a real-time basis throughout
the day on brokers' computer screens and other electronic services.\25\
Quotation and last-sale information for the Shares will be available
via the Consolidated Tape Association high-speed line.\26\ In addition,
the Verified Intraday Indicative Value (``VIIV''), as defined in NYSE
Arca Rule 8.900-E(c)(2),\27\ will be widely disseminated by the
Reporting Authority and/or one or more major market data vendors in one
second intervals during the Exchange's Core Trading Session.\28\
Moreover, the Funds' website will include a form of the prospectus for
each Fund that may be downloaded. The Funds' website will include
additional quantitative information updated on a daily basis,
including, for each Fund, the prior Business Day's NAV, market closing
price or mid-point of the bid/ask spread at the time of calculation of
such NAV (``Bid/Ask Price''),\29\ and a calculation of the premium and
discount of the market closing price or Bid/Ask Price against the NAV.
The website and information will be publicly available at no
charge.\30\
---------------------------------------------------------------------------

    \24\ See Amendment No. 2, supra note 7, at 19.
    \25\ See id. at 12.
    \26\ See id.
    \27\ NYSE Arca Rule 8.900-E(c)(2) defines the term ``Verified
Intraday Indicative Value'' as the indicative value of a Managed
Portfolio Share based on all of the holdings of a series of Managed
Portfolio Shares as of the close of business on the prior business
day and, for corporate actions, based on the applicable holdings as
of the opening of business on the current business day, priced and
disseminated in one second intervals during the Core Trading Session
by the Reporting Authority. NYSE Arca Rule 8.900-E(c)(8) defines the
term ``Reporting Authority'' with respect to a particular series of
Managed Portfolio Shares as the Exchange, an institution, or a
reporting service designated by the Exchange or by the exchange that
lists a particular series of Managed Portfolio Shares (if the
Exchange is trading such series pursuant to unlisted trading
privileges), as the official source for calculating and reporting
information relating to such series, including, but not limited to,
the NAV, the VIIV, or other information relating to the issuance,
redemption, or trading of Managed Portfolio Shares. A series of
Managed Portfolio Shares may have more than one Reporting Authority,
each having different functions.
    \28\ See NYSE Arca Rule 8.900-E(d)(2)(A). See Amendment No. 2,
supra note 7, at 12.
    \29\ The Bid/Ask Price of a Fund's Shares will be the mid-point
between the current national best bid and offer at the time of
calculation of such Fund's NAV. The records relating to Bid/Ask
Prices will be retained by the Funds or their service providers. See
Amendment No. 2, supra note 7, at 12, n. 7.
    \30\ See id.
---------------------------------------------------------------------------

    The Commission also notes that the Exchange's rules regarding
trading halts help to ensure the maintenance of fair and orderly
markets for the Shares. Specifically, the Exchange may consider all
relevant factors in exercising its discretion to halt trading in the
Shares, and will halt trading in the Shares under the conditions
specified in NYSE Arca Rule 7.12-E. Trading in the Shares will be
subject to NYSE Arca Rule 8.900-E(d)(2)(C), which sets forth
circumstances under which trading in the Shares will be halted.
Specifically, NYSE Arca Rule 8.900-E(d)(2)(C)(i) provides that the
Exchange may consider all relevant factors in exercising its discretion
to halt trading in a series of Managed Portfolio Shares. Trading may be
halted because of

market conditions or for reasons that, in the view of the Exchange,
make trading in the series of Managed Portfolio Shares inadvisable.
These may include: (a) The extent to which trading is not occurring in
the securities and/or the financial instruments composing the
portfolio; or (b) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present.\31\ NYSE Arca Rule 8.900-E(d)(2)(C)(ii) provides that, if the
Exchange becomes aware that: (i) The VIIV of a series of Managed
Portfolio Shares is not being calculated or disseminated in one second
intervals, as required; (ii) the NAV with respect to a series of
Managed Portfolio Shares is not disseminated to all market participants
at the same time; (iii) the holdings of a series of Managed Portfolio
Shares are not made available on at least a quarterly basis as required
under the 1940 Act; or (iv) such holdings are not made available to all
market participants at the same time (except as otherwise permitted
under the applicable Exemptive Order or no-action relief granted by the
Commission or Commission staff to the Investment Company with respect
to the series of Managed Portfolio Shares), it will halt trading in
such series until such time as the VIIV, the NAV, or the holdings are
available, as required.
---------------------------------------------------------------------------

    \31\ The Exemptive Application provides that the Investment
Company or their agent will request that the Exchange halt trading
in the applicable series of Managed Portfolio Shares where: (i) The
intraday indicative values calculated by the calculation engines
differ by more than 25 basis points for 60 seconds in connection
with pricing of the VIIV; or (ii) holdings representing 10% or more
of a series of Managed Portfolio Shares' portfolio have become
subject to a trading halt or otherwise do not have readily available
market quotations. Any such requests will be one of many factors
considered in order to determine whether to halt trading in a series
of Managed Portfolio Shares, and the Exchange retains sole
discretion in determining whether trading should be halted. As
provided in the Exemptive Application, each series of Managed
Portfolio Shares would employ a pricing verification agent to
continuously compare two intraday indicative values during regular
trading hours in order to ensure the accuracy of the VIIV. See id.
at 14, n. 21.
---------------------------------------------------------------------------

    In support of this proposal, the Exchange has also made the
following representations:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Rule 8.900-E.
    (2) The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.\32\
---------------------------------------------------------------------------

    \32\ See Amendment No. 2, supra note 7, at 14.
---------------------------------------------------------------------------

    (3) Prior to the commencement of trading, the Exchange will inform
its members in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.\33\
---------------------------------------------------------------------------

    \33\ The Bulletin will discuss the following: (1) The procedures
for purchases and redemptions of Shares; (2) NYSE Arca Rule 9.2-
E(a), which imposes a duty of due diligence on its ETP Holders to
learn the essential facts relating to every customer prior to
trading the Shares; (3) how information regarding the VIIV is
disseminated; (4) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; (5) trading
information; and (6) that the portfolio holdings of the Shares are
not disclosed on a daily basis. See id. at 15.
---------------------------------------------------------------------------

    (4) FINRA, on behalf of the Exchange, or the regulatory staff of
the Exchange, or both, will communicate as needed regarding trading in
the Shares and certain exchange-traded instruments with other markets
and other entities that are members of the Intermarket Surveillance
Group (``ISG''), and FINRA, on behalf of the Exchange, or the
regulatory staff of the Exchange, or both, may obtain trading
information regarding trading such securities from such markets and
other entities. In addition, the Exchange may obtain information
regarding trading in the Shares and certain exchange-traded instruments
from markets and other entities that are members of ISG or with which
the Exchange has in place a comprehensive surveillance sharing
agreement.
    (5) The Exchange represents that, for initial and/or continued
listing, each Fund will be in compliance with Rule 10A-3 under the
Act.\34\
---------------------------------------------------------------------------

    \34\ See id. at 7, n. 7.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's statements
and representations set forth above and in Amendment No. 2 to the
proposed rule change. Additionally, the Exchange states that all
statements and representations made in its proposal regarding (a) the
description of the portfolio or reference assets, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange rules shall constitute continued listing requirements for
listing the Shares on the Exchange, as provided under NYSE Arca Rule
8.900-E(b)(1). The issuer of the Shares will be required to represent
to the Exchange that it will advise the Exchange of any failure by a
Fund to comply with the continued listing requirements, and, pursuant
to its obligations under Section 19(g)(1) of the Act, the Exchange will
surveil for compliance with the continued listing requirements. If a
Fund is not in compliance with the applicable listing requirements, the
Exchange will commence delisting procedures under NYSE Arca Rule 5.5-
E(m).\35\
---------------------------------------------------------------------------

    \35\ See id. at 15.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 2, is consistent with Section
6(b)(5) of the Act \36\ and Section 11A(a)(1)(C)(iii) of the Act \37\
and the rules and regulations thereunder applicable to a national
securities exchange.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b)(5).
    \37\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\38\ that the proposed rule change (SR-NYSEArca-2020-80), as
modified by Amendment No. 2, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78s(b)(2).
    \39\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\39\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-26673 Filed 12-3-20; 8:45 am]
BILLING CODE 8011-01-P