[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Rules and Regulations]
[Page 76947-76948]
[DOCID:fr18de08-13]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0537; FRL-8731-3]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the South Coast Air
Quality Management District portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on July 24, 2008 and concern the District's analysis of
whether its rules met reasonably available control technology (RACT)
under the 8-hour ozone National Ambient Air Quality Standards (NAAQS).
We are approving the analysis under the Clean Air Act as amended in
1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on January 20, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0537 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 24, 2007 (73 FR 43186), EPA proposed to approve the
following document into the California SIP.

----------------------------------------------------------------------------------------------------------------
             Local agency                               Document                      Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................  Reasonably Available Control Technology         07/14/06        01/31/07
                                         Analysis.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the submitted RACT analysis and our
evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, no comments were received.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted RACT analysis complies with the relevant CAA requirements
under the 8-hour ozone NAAQS. Therefore, as authorized in section
110(k)(3) of the Act, EPA is fully approving this document into the
California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 17, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 24, 2008.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(358) to read as
follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (358) The 8-Hour Ozone Reasonable Available Control Technology
State Implementation Plans (RACT)(SIP) for the following Air Quality
Management Districts (AQMDs)/Air Pollution Control Districts (APCDs)
were submitted on January 31, 2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Resolution 06-24 (A Resolution of the South Coast Air Quality
Management District (SCAQMD) Board certifying that the SCAQMD's current
air pollution rules and regulations fulfill the 8-hour Reasonably
Available Control Technology (RACT) requirements, and adopting the RACT
SIP revision, dated July 14, 2006.
    (2) South Coast Air Quality Management District (SCAQMD) Staff
Report, SCAQMD 8-Hour Ozone Reasonably Available Control Technology
(RACT) State Implementation Plan (SIP) Demonstration, including
appendices, dated June 2006.
    (3) Notice of Exemption from the California Environmental Quality
Act, SCAQMD 8-Hour Ozone Reasonably Available Control Technology (RACT)
State Implementation Plan (SIP), dated June 2, 2006.
    (4) EPA comment letter to South Coast Air Quality Management
District dated June 28, 2006, on 8-hour Ozone Reasonably Available
Control Technology--State Implementation Plan (RACT SIP) Analysis,
draft staff report dated May 2006, from Andrew Steckel, Chief,
Rulemaking Office, U.S. EPA to Mr. Joe Cassmassi, Planning and Rules
Manager, South Coast Air Quality Management District.
* * * * *

[FR Doc. E8-29641 Filed 12-17-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 18, 2007 (Volume 72, Number 11)]
[Notices]
[Page 2274]
[DOCID:fr18ja07-58]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-121-000]

Iroquois Gas Transmission System, L.P.; Notice of Filing

January 10, 2007.
    Take notice that on December 28, 2006, Iroquois Gas Transmission
System, L.P. (Iroquois) tendered for filing its schedules which reflect
revised calculations supporting the Measurement Variance/Fuel Use
Factors utilized by Iroquois during the period July 1, 2006 through
December 31, 2006.
    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 January 17, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-575 Filed 1-17-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40938-40953]
[FR Doc No: 2016-14890]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2016-0002-N-16]

Proposed Agency Information Collection Activity; Comment Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA is informing the public it has revised
the Annual Positive Train Control (PTC) Progress Report Form (Form FRA
F 6180.166), which the Office of Management and Budget (OMB) previously
approved on March 16, 2016, for a period of 180 days, under its
emergency processing procedures. FRA revised the Annual PTC Progress
Report Form based on comments it received from industry stakeholders on
a related information collection, the Quarterly PTC Progress Report
Form (Form FRA F 6180.165). Before submitting this annual information
collection request to OMB for regular clearance, FRA is soliciting
public comment on specific aspects of the proposed information
collection identified below.

DATES: Comments must be received no later than August 22, 2016.

ADDRESSES: Submit written comments on the following proposed activity
by mail to either: Mr. Robert Brogan, Office of Safety, Planning and
Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to acknowledge receipt of their
respective comments must include a self-addressed stamped postcard
stating, ``Comments on OMB control number 2130-0553.'' Alternatively,
comments may be transmitted via facsimile to<PHONE_NUMBER> or (202)
493-6497, or via email to Mr. Brogan at<EMAIL_ADDRESS>or to
Ms. Toone at<EMAIL_ADDRESS>When submitting comments to FRA in
response to this notice, please refer to the assigned OMB control
number 2130-0553 and to Docket Number FRA-2016-0002-0016. FRA will
summarize comments received in response to this notice in a subsequent
notice and include the comments in its information collection
submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

I. Public Comment Under the PRA

    The PRA and its implementing regulations require Federal agencies
to provide 60-days' notice to the public for comment on information
collection activities before seeking approval for reinstatement or
renewal by OMB. See 44 U.S.C. 3506(c)(2)(A) (1995); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested
respondents to comment on: (i) Whether the information collection
activity is necessary for FRA to properly execute its functions,
including whether the activity will have practical utility; (ii) the
accuracy of FRA's estimates of the burden of the information collection
activity, including the validity of the methodology and assumptions
used to determine the estimates; (iii) ways for FRA to enhance the
quality, utility, and clarity of the information being collected; and
(iv) ways for FRA to minimize the burden of the information collection
activity on the public by automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology (e.g., permitting electronic submission of responses). See
44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv). FRA
believes soliciting public comment will promote its efforts to reduce
the administrative and paperwork burdens associated with the collection
of information. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure

that it organizes information collection requirements in a ``user
friendly'' format to improve the use of such information; and (iii)
accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.

II. Background on the Annual PTC Reporting Requirement

    Under the Positive Train Control Enforcement and Implementation Act
of 2015 (PTCEI Act), each railroad subject to 49 U.S.C. 20157(a) must
submit an annual progress report to FRA by March 31, 2016, and annually
thereafter, until PTC implementation is completed. 49 U.S.C.
20157(c)(1). The PTCEI Act specifically requires each railroad to
provide certain information in the annual reports regarding its
progress toward implementing a PTC system, and authorizes FRA to
request that railroads provide additional information in the annual
progress reports. See id. In addition, 49 U.S.C. 20157(c)(2) requires
FRA to conduct compliance reviews at least annually to ensure each
railroad is complying with its revised PTC implementation plan (PTCIP).
The PTCEI Act requires railroads to provide information to FRA that FRA
determines is necessary to adequately conduct such compliance reviews.
See 49 U.S.C. 20157(c)(2).
    On March 16, 2016, OMB approved the Annual PTC Progress Report Form
(Form FRA F 6180.166). However, based on industry's oral and written
comments on the proposed Quarterly PTC Progress Report Form (Form FRA F
6180.165), FRA has revised the Annual PTC Progress Report Form to be as
consistent with the quarterly report form as possible (where the
questions overlap), thereby enabling railroads to transfer information
from the quarterly report forms to the annual report forms more easily.
In summary, on April 12, 2016, the Association of American Railroads
(AAR) submitted comments to FRA on behalf of itself and its member
railroads, and the American Public Transit Association (APTA) submitted
comments to FRA on behalf of Metra, the Utah Transit Authority, the
Tri-County Metropolitan Transportation District of Oregon, and the Fort
Worth Transportation Authority.
    On April 19, 2016, FRA held a meeting on the proposed Quarterly PTC
Progress Report Form to offer the affected regulated entities a forum
to provide additional comments and feedback to FRA. Representatives
from, and members of, AAR, APTA, the American Short Line and Regional
Railroad Association (ASLRRA), and some individual railroad
representatives attended the meeting and provided feedback. FRA
published minutes from the meeting on www.regulations.gov under Docket
No. FRA-2016-0002. For a detailed summary of the oral and written
comments and FRA's responses to the comments, please see 81 FR 28140
(May 9, 2016).
    The current Annual PTC Progress Report Form, as approved through
September 30, 2016, can be accessed and downloaded in FRA's eLibrary
at: https://www.fra.dot.gov/eLib/details/L17366. To view the revised
Annual PTC Progress Report Form that FRA hereby offers for public
comment, please see the form attached to this Federal Register notice.

III. Overview of Information Collection

    The associated collection of information is summarized below. FRA
will submit this information collection request to OMB for regular
clearance as required by the PRA.
    Title: Annual Positive Train Control Progress Report.
    OMB Control Number: 2130-0553.
    Form Number(s): FRA F 6180.166.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 41 Railroad Carriers.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
    Annual PTC progress report       Respondent universe        Total annual       per response    Total annual
                                                                 responses            (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.166...............  41 Railroads.........  41 Reports/Forms.....           38.41           1,575
----------------------------------------------------------------------------------------------------------------

    FRA notes that the 38.41-hour estimate is an average for all
railroads. FRA estimated the annual reporting burden is 60 hours for
Class I and large passenger railroads, 40 hours for Class II and medium
passenger railroads, and 25 hours for Class III, terminal and small
passenger railroads.
    Total Estimated Annual Responses for Form FRA F 6180.166: 41.
    Total Estimated Annual Burden for Form FRA F 6180.166: 1,575 hours.
    Total Estimated Annual Responses for Entire Information Collection:
147,612.
    Total Estimated Annual Burden for Entire Information Collection:
3,122,559.
    Status: Regular Review.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC, on June 20, 2016.
Corey Hill,
Executive Director.
BILLING CODE 4910-06-P

[GRAPHIC] [TIFF OMITTED] TN23JN16.016

[GRAPHIC] [TIFF OMITTED] TN23JN16.017

[GRAPHIC] [TIFF OMITTED] TN23JN16.018

[GRAPHIC] [TIFF OMITTED] TN23JN16.019

[GRAPHIC] [TIFF OMITTED] TN23JN16.020

[GRAPHIC] [TIFF OMITTED] TN23JN16.021

[GRAPHIC] [TIFF OMITTED] TN23JN16.022

[GRAPHIC] [TIFF OMITTED] TN23JN16.023

[GRAPHIC] [TIFF OMITTED] TN23JN16.024

[GRAPHIC] [TIFF OMITTED] TN23JN16.025

[GRAPHIC] [TIFF OMITTED] TN23JN16.026

[GRAPHIC] [TIFF OMITTED] TN23JN16.027

[GRAPHIC] [TIFF OMITTED] TN23JN16.028

[GRAPHIC] [TIFF OMITTED] TN23JN16.029

[FR Doc. 2016-14890 Filed 6-22-16; 8:45 am]
 BILLING CODE 4910-06-C


[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Notices]
[Page 13548-13549]
[DOCID:fr22mr10-63]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0122]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Focus Groups About Drug Products, as Used by the Food
and Drug Administration

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on focus groups about drug products used by
FDA to gauge informally public opinion, on a variety of subjects
related to consumer, patient, or healthcare professional perceptions
and use of drug products and related materials, including but not
limited to, direct-to-consumer (DTC) prescription drug promotion,
physician labeling of prescription drugs, Medication Guides, over-the-
counter (OTC) drug labeling, emerging risk communications, patient
labeling, online sales of medical products, and consumer and
professional education.

DATES:  Submit written or electronic comments on the collection of
information by May 21, 2010.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), 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 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.

Focus Groups About Drug Products, as Used by the Food and Drug
Administration

    Focus groups provide an important role in gathering information
because they allow for a more in-depth understanding of individuals'
attitudes, beliefs, motivations, and feelings than do quantitative
studies. Focus groups serve the narrowly defined need for direct and
informal opinion on a specific topic and as a qualitative research tool
have three major purposes:
     To obtain information that is useful for developing
variables and measures for quantitative studies,
     To better understand people's attitudes and emotions in
response to topics and concepts, and
     To further explore findings obtained from quantitative
studies.
    FDA will use focus group findings to test and refine its ideas and
to help develop messages and other communications, but will generally
conduct further research before making important decisions such as
adopting new policies and allocating or redirecting significant
resources to support these policies.
    FDA's Center for Drug Evaluation and Research, Office of the
Commissioner, and any other centers or offices conducting focus groups
about regulated drug products may need to conduct focus groups on a
variety of subjects related to consumer, patient, or healthcare
professional perceptions and use of drug products and related
materials, including but not limited to, DTC prescription drug
promotion, physician labeling of prescription drugs, Medication Guides,
OTC drug labeling, emerging risk communications, patient labeling,
online sales of medical products, and consumer and professional
education.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                           No. of Responses  Total Annual  Responses      Hours per
   No. of  Respondents      per Respondent           (Hours)               Response            Total Hours
----------------------------------------------------------------------------------------------------------------
1,440                                     1                    1,440               1.75                    2,520
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Annually, FDA projects about 20 focus group studies using 160 focus
groups with an average of 9 persons per group, and lasting an average
of 1.75 hours each. FDA is requesting this burden for unplanned focus
groups so as not to restrict the agency's ability to gather information
on public sentiment for its proposals in its regulatory and
communications programs.

    Dated: March 16, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-6172 Filed 3-19-10; 8:45 am]
BILLING CODE 4160-01-S


<meta http-equiv=Content-Type content="text/html; charset=windows-1252">
<meta name=ProgId content=Excel.Sheet>
<meta name=Generator content="Microsoft Excel 10">
<link rel=File-List
href="4-3%20Wood%20Core%20Data%202005-01-05%20v2%20a_files/filelist.xml">

 <col width=98 span=5 style='mso-width-source:userset;mso-width-alt:3584;
 width:74pt'>
 <col width=64 style='width:48pt'>

  Board
  Specimen ID
  Wood Core As
  (mg/kg)
  Wood Core Cr
  (mg/kg)
  Wood Core Cu
  (mg/kg)

  A-AB
  A-AB-BL2
  2350
  2930
  1739

  A-AB
  A-AB-BL5
  2006
  2480
  1758

  A-AB
  A-AB-X2
  2089
  2704
  1598

  N
  3
  3
  3

  Average
  2148.4
  2704.3
  1698.4

  Std. Dev
  179.2
  224.9
  87.9

  RSD
  8.3%
  8.3%
  5.2%

  A-AC
  A-AC-BL2
  1845
  2194
  1396

  A-AC
  A-AC-BL5
  1622
  2059
  1261

  A-AC
  A-AC-X1
  1068
  1745
  1146

  A-AC
  A-AC-X2
  1465
  1838
  1093

  N
  4
  4
  4

  Average
  1499.9
  1959.0
  1224.0

  Std. Dev
  327.5
  204.7
  134.6

  RSD
  21.8%
  10.5%
  11.0%

  A-AD
  A-AD-BL2
  2636
  3217
  1877

  A-AD
  A-AD-BL5
  2592
  3645
  1782

  A-AD
  A-AD-X1
  2761
  3408
  1977

  A-AD
  A-AD-X2
  2712
  2851
  1530

  N
  4
  4
  4

  Average
  2675.3
  3280.5
  1791.4

  Std. Dev
  75.5
  335.5
  191.6

  RSD
  2.8%
  10.2%
  10.7%

  A-AE
  A-AE-BL2
  640
  832
  480

  A-AE
  A-AE-BL5
  441
  465
  318

  A-AE
  A-AE-X1
  2271
  2743
  1563

  A-AE
  A-AE-X2
  52
  52
  80

  N
  4
  4
  4

  Average
  851.1
  1023.2
  610.5

  Std. Dev
  977.9
  1190.2
  656.1

  RSD
  114.9%
  116.3%
  107.5%

  A-AF
  A-AF-BL2
  1288
  1545
  927

  A-AF
  A-AF-X1
  1414
  1625
  903

  A-AF
  A-AF-X2
  1571
  1905
  1119

  N
  3
  3
  3

  Average
  1424.4
  1691.5
  982.9

  Std. Dev
  142.2
  188.9
  118.5

  RSD
  10.0%
  11.2%
  12.1%

  A-AG
  A-AG-BL2
  1400
  1680
  887

  A-AG
  A-AG-BL5
  1790
  2314
  1388

  A-AG
  A-AG-X1
  1910
  2235
  1219

  A-AG
  A-AG-X2
  2361
  2680
  1659

  N
  4
  4
  4

  Average
  1865.1
  2227.3
  1288.3

  Std. Dev
  395.9
  413.3
  323.4

  RSD
  21.2%
  18.6%
  25.1%

  A-AH
  A-AH-BL2
  1454
  1702
  993

  A-AH
  A-AH-BL5
  805
  1014
  566

  A-AH
  A-AH-X1
  1926
  2235
  1376

  A-AH
  A-AH-X2
  240
  224
  148

  N
  4
  4
  4

  Average
  1106.0
  1293.7
  770.8

  Std. Dev
  738.1
  871.1
  530.6

  RSD
  66.7%
  67.3%
  68.8%

  A-AJ
  A-AJ-BL2
  1868
  2210
  1503

  A-AJ
  A-AJ-BL5
  1053
  1342
  711

  A-AJ
  A-AJ-X1
  1972
  2478
  1542

  A-AJ
  A-AJ-X2
  61
  2002
  607

  N
  4
  4
  4

  Average
  1238.3
  2007.8
  1090.7

  Std. Dev
  886.2
  484.7
  501.1

  RSD
  71.6%
  24.1%
  45.9%

  A-AK
  A-AK-BL2
  660
  689
  459

  A-AK
  A-AK-BL5
  3213
  3481
  1954

  A-AK
  A-AK-X1
  1605
  1789
  1000

  A-AK
  A-AK-X2
  2557
  2813
  1611

  N
  4
  4
  4

  Average
  2008.6
  2192.7
  1256.0

  Std. Dev
  1115.4
  1220.4
  661.9

  RSD
  55.5%
  55.7%
  52.7%

  A-AN
  A-AN-BL2
  2056
  2656
  1599

  A-AN
  A-AN-BL5
  1925
  2434
  1635

  A-AN
  A-AN-X2
  2369
  2879
  1769

  N
  3
  3
  3

  Average
  2116.7
  2656.0
  1667.6

  Std. Dev
  228.0
  222.4
  89.7

  RSD
  10.8%
  8.4%
  5.4%

  A-AR
  A-AR-BL2
  222
  317
  184

  A-AR
  A-AR-BL5
  220
  326
  190

  A-AR
  A-AR-X1
  1039
  1260
  685

  A-AR
  A-AR-X2
  50
  94
  65

  N
  4
  4
  4

  Average
  382.8
  499.1
  281.1

  Std. Dev
  444.9
  518.6
  275.6

  RSD
  116.2%
  103.9%
  98.1%

  A-AT
  A-AT-BL2
  2144
  2647
  1675

  A-AT
  A-AT-BL4
  2053
  2972
  1810

  A-AT
  A-AT-X1
  2361
  2519
  1574

  A-AZ
  A-AZ-BL2
  3445
  3732
  2067

  N
  4
  4
  4

  Average
  2501.0
  2967.5
  1781.7

  Std. Dev
  642.6
  544.5
  213.5

  RSD
  25.7%
  18.4%
  12.0%

  A-BC
  A-BC-BL2
  1680
  2210
  1304

  A-BC
  A-BC-BL4
  1933
  2770
  1760

  A-BC
  A-BC-X1
  1926
  2652
  1484

  N
  3
  3
  3

  Average
  1846.0
  2543.7
  1515.8

  Std. Dev
  144.2
  295.1
  229.7

  RSD
  7.8%
  11.6%
  15.2%

  A-BE
  A-BE-BL2
  40
  34
  21

  A-BE
  A-BE-BL5
  28
  34
  29

  A-BE
  A-BE-X1
  39
  42
  33

  N
  3
  3
  3

  Average
  35.7
  36.6
  27.4

  Std. Dev
  6.4
  4.6
  6.2

  RSD
  18.1%
  12.6%
  22.5%

  A-BG
  A-BG-BL2
  2641
  2996
  1774

  A-BG
  A-BG-BL5
  1814
  2409
  1427

  A-BG
  A-BG-BL6
  1970
  2214
  1328

  A-BG
  A-BG-X1
  2327
  2738
  1643

  N
  4
  4
  4

  Average
  2188.1
  2589.0
  1543.0

  Std. Dev
  370.5
  346.8
  202.2

  RSD
  16.9%
  13.4%
  13.1%

  A-BN
  A-BN-X1
  1521
  1741
  1079

  N
  1
  1
  1

  Average
  1521
  1741
  1079

  Std. Dev
  -
  -
  -

  RSD
  -
  -
  -

  A-BW
  A-BW-BL2
  1363
  1525
  876

  A-BW
  A-BW-BL5
  1541
  1860
  1150

  N
  2
  2
  2

  Average
  1452.3
  1692.5
  1013.2

  Std. Dev
  126.1
  236.2
  193.5

  RSD
  8.7%
  14.0%
  19.1%

  A-BY
  A-BY-BL2
  1395
  1594
  963

  A-BY
  A-BY-BL5
  968
  1162
  726

  A-BY
  A-BY-X1
  1086
  1456
  888

  N
  3
  3
  3

  Average
  1149.7
  1404.1
  859.3

  Std. Dev
  220.3
  220.7
  121.1

  RSD
  19.2%
  15.7%
  14.1%

  A-I
  A-I-BL2
  2356
  2518
  1381

  A-I
  A-I-BL4
  1594
  1958
  1002

  A-I
  A-I-X1
  1909
  2334
  1273

  N
  3
  3
  3

  Average
  1953.0
  2270.1
  1218.6

  Std. Dev
  382.9
  285.5
  195.3

  RSD
  19.6%
  12.6%
  16.0%

  A-L
  A-L-BL2
  1850
  2210
  1394

  A-L
  A-L-X1
  1435
  1991
  1263

  A-L
  A-L-X2
  1246
  1661
  962

  N
  3
  3
  3

  Average
  1510.1
  1954.2
  1206.2

  Std. Dev
  309.2
  276.7
  221.6

  RSD
  20.5%
  14.2%
  18.4%

  A-N
  A-N-BL2
  557
  673
  371

  A-N
  A-N-BL5
  1985
  2361
  1556

  A-N
  A-N-X1
  849
  1083
  615

  A-N
  A-N-X2
  1080
  1218
  758

  N
  4
  4
  4

  Average
  1117.7
  1333.5
  825.0

  Std. Dev
  616.5
  722.8
  512.7

  RSD
  55.2%
  54.2%
  62.1%

  A-O
  A-O-BL5
  1541
  1859
  1089

  A-O
  A-O-X1
  1638
  2434
  1461

  A-O
  A-O-X2
  1617
  2281
  1327

  N
  3
  3
  3

  Average
  1598.4
  2191.4
  1292.2

  Std. Dev
  51.2
  297.7
  188.2

  RSD
  3.2%
  13.6%
  14.6%

  A-P
  A-P-BL2
  1925
  2567
  1412

  A-P
  A-P-BL5
  1920
  2259
  1280

  A-P
  A-P-X1
  1446
  1743
  935

  N
  3
  3
  3

  Average
  1763.6
  2189.6
  1209.0

  Std. Dev
  275.4
  416.1
  245.9

  RSD
  15.6%
  19.0%
  20.3%

  A-Q
  A-Q-BL2
  3036
  3806
  2186

  A-Q
  A-Q-BL5
  2405
  2969
  2167

  A-Q
  A-Q-X1
  2206
  2758
  1655

  N
  3
  3
  3

  Average
  2549.2
  3177.5
  2002.8

  Std. Dev
  433.5
  554.1
  301.6

  RSD
  17.0%
  17.4%
  15.1%

  A-R
  A-R-BL2
  2265
  2741
  1669

  A-R
  A-R-BL5
  1427
  2470
  1392

  A-R
  A-R-X2
  2050
  2609
  1615

  N
  3
  3
  3

  Average
  1913.6
  2606.8
  1558.4

  Std. Dev
  435.3
  135.5
  146.8

  RSD
  22.7%
  5.2%
  9.4%

  A-S
  A-S-BL2
  1662
  1977
  1146

  A-S
  A-S-BL5
  1534
  1790
  1001

  A-S
  A-S-X1
  1483
  1707
  935

  N
  3
  3
  3

  Average
  1559.7
  1824.3
  1027.1

  Std. Dev
  92.3
  138.3
  107.8

  RSD
  5.9%
  7.6%
  10.5%

  A-T
  A-T-BL2
  1911
  2357
  1335

  A-T
  A-T-X1
  1831
  2160
  1338

  A-T
  A-T-X2
  2041
  2432
  1454

  N
  3
  3
  3

  Average
  1927.8
  2316.2
  1375.7

  Std. Dev
  105.9
  140.7
  67.6

  RSD
  5.5%
  6.1%
  4.9%

  A-U
  A-U-BL2
  41
  38
  44

  A-U
  A-U-X1
  1729
  2255
  1378

  N
  2
  2
  2

  Average
  885.0
  1146.3
  711.3

  Std. Dev
  1193.5
  1568.0
  943.0

  RSD
  134.9%
  136.8%
  132.6%

  A-V
  A-V-BL2
  678
  945
  484

  A-V
  A-V-X1
  503
  686
  366

  A-V
  A-V-X2
  1098
  1407
  755

  N
  3
  3
  3

  Average
  759.8
  1012.6
  535.1

  Std. Dev
  305.4
  364.8
  199.2

  RSD
  40.2%
  36.0%
  37.2%

  A-X
  A-X-BL2
  2304
  2823
  1584

  A-X
  A-X-BL5
  1335
  2328
  1583

  A-X
  A-X-X1
  1714
  2034
  1278

  A-X
  A-X-X2
  1494
  2365
  1401


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

    \138\ See, e.g., Comment Letter of the Investment Company
Institute (Apr. 10, 2006); Comment Letter of Charles Schwab & Co.,
Inc. (Apr. 10, 2006).
---------------------------------------------------------------------------

    Although most commenters supported the rule amendments, some
commenters also suggested other changes that may reduce the costs of
compliance. A few commenters noted that as proposed, the amended rule
might have posed some difficulties to funds (including small funds) in
contracting with certain entities that do not qualify as financial
intermediaries under the rule, but who nevertheless submit trades
directly to funds on behalf of financial intermediaries.\139\ In light
of this concern, we have clarified the amended rule to require that if
a financial intermediary submits orders directly, itself or through its
agent, the fund must enter into a shareholder information agreement
with that financial intermediary. This clarification should eliminate
any confusion and attendant costs to small entities in determining
whether and with which entities funds must enter into shareholder
information agreements.
---------------------------------------------------------------------------

    \139\ See, e.g., Comment Letter of T. Rowe Price Associates,
Inc. (Apr. 10, 2006); Comment Letter of Matrix Settlement & Clearing
Services, L.L.C. (Apr. 10, 2006); and Comment Letter of the
Investment Company Institute (Apr. 10, 2006).
---------------------------------------------------------------------------

    Some commenters noted that in some cases (such as foreign
shareholders) Taxpayer Identification Numbers (``TINs'') may not always
be available, and suggested that the rule allow for the use of
alternate forms of identification in those cases.\140\ To reduce the
costs of compliance, alleviate any confusion, and provide flexibility
to funds and intermediaries, we have revised the rule to allow for the
use of Individual Taxpayer Identification Numbers or other government
issued identifiers when a TIN is not available.
---------------------------------------------------------------------------

    \140\ See Comment Letter of the Investment Company Institute
(Apr. 10, 2006); Supplemental Comment Letter of the SPARK Institute,
Inc. (May 1, 2006).
---------------------------------------------------------------------------

    We also received many comments requesting an extension of the
compliance date. Commenters noted that with the uncertainty
accompanying the exact requirements of the rule, the significant
technical challenges associated with compliance, and the current
unsettled state of contracting and information sharing standards in the
marketplace it would be very beneficial to provide an extended
compliance date. We agree, and are extending the compliance date for
all entities.\141\
---------------------------------------------------------------------------

    \141\ See supra Section III.
---------------------------------------------------------------------------

C. Small Entities Subject to the Rule

    A small business or small organization (collectively, ``small
entity'') for purposes of the Regulatory Flexibility Act is a fund
that, together with other funds in the same group of related investment
companies, has net assets of $50 million or less as of the end of its
most recent fiscal year.\142\ Of approximately 3,925 funds (2,700
registered open-end investment companies and 825 registered unit
investment trusts), approximately 163 are small entities.\143\ A
broker-dealer is considered a small entity if its total capital is less
than $500,000, and it is not affiliated with a broker-dealer that has
$500,000 or more in total capital.\144\ Of approximately 7,000
registered broker-dealers, approximately 880 are small entities.
---------------------------------------------------------------------------

    \142\ 17 CFR 270.0-10.
    \143\ Some or all of these entities may contain multiple series
or portfolios. If a registered investment company is a small entity,
the portfolios or series it contains are also small entities.
    \144\ 17 CFR 240.0-10.
---------------------------------------------------------------------------

    As discussed above, rule 22c-2 provides funds and their boards with
the ability to impose a redemption fee designed to reimburse the fund
for the direct and indirect costs incurred as a result of short-term
trading strategies, such as market timing. These amendments are
designed to maintain these investor protections while reducing costs to
market participants and clarifying the operation of the rule. While we
expect that the rule and these

amendments will require some funds and intermediaries to develop or
upgrade software or other technological systems to enforce certain
market timing policies, or make trading information available in
omnibus accounts, the amendments we are adopting today are specifically
designed to reduce the costs incurred by small entities. In particular,
we anticipate that the changes we are making to the definition of
financial intermediary will significantly reduce the number of small
intermediaries that funds must enter into agreements with, and reduce
the burden of complying with the rule for small funds and small
intermediaries.

D. Reporting, Recordkeeping, and Other Compliance Requirements

    These amendments do not introduce any new mandatory reporting
requirements. Rule 22c-2 already contains a mandatory recordkeeping
requirement for funds that redeem shares within seven days of purchase.
The fund must retain a copy of the written agreement between the fund
and financial intermediary under which the intermediary agrees to
provide the required shareholder information in omnibus accounts.\145\
The amendments reduce the number of small entities that would otherwise
be subject to this recordkeeping requirement.
---------------------------------------------------------------------------

    \145\ Rule 22c-2(a)(3).
---------------------------------------------------------------------------

E. Commission Action to Minimize Effect on Small Entities

    The Regulatory Flexibility Act directs the Commission to consider
significant alternatives that would accomplish the stated objective,
while minimizing any significant adverse impact on small entities.
Alternatives in this category would include: (i) Establishing different
compliance or reporting standards that take into account the resources
available to small entities; (ii) clarifying, consolidating, or
simplifying the compliance requirements under the rule for small
entities; (iii) using performance rather than design standards; and
(iv) exempting small entities from coverage of the rule, or any part of
the rule.
    The Commission does not presently believe that these amendments
would require the establishment of special compliance requirements or
timetables for small entities. These amendments are specifically
designed to reduce any unnecessary burdens on all funds (including
small funds) and on small intermediaries. To establish special
compliance requirements or timetables for small entities may in fact
disadvantage small entities by encouraging larger market participants
to focus primarily on the needs of larger entities when establishing
the information-sharing systems envisioned by the rule and these
proposed amendments, and possibly ignoring the needs of smaller
entities.
    With respect to further clarifying, consolidating, or simplifying
the compliance requirements of the rule, using performance rather than
design standards, and exempting small entities from coverage of these
amendments or any part of the rule, we believe additional such changes
would be impracticable. These amendments in effect except a large
number of smaller entities from the scope of the rule, by revising the
definition of financial intermediary. We have designed these amendments
to reduce the cost and compliance burden on small entities to the
greatest extent practicable while still maintaining the investor
protections of the rule as adopted.
    Small entities are as vulnerable to the problems uncovered in
recent enforcement actions and settlements as large entities.
Therefore, shareholders of small entities are equally in need of
protection from short-term traders. We believe that the rule and these
amendments will enable funds to more effectively discourage short-term
trading of all fund shares, including those held in omnibus accounts.
Further excepting small entities from coverage of the rule or any part
of the rule could compromise the effectiveness of the rule. We
anticipate that the amendments will alleviate much of the burden
imposed by the rule on small entities, and result in a more cost
effective system for discouraging short-term trading for all entities.
Alternatives that we considered but are not adopting included, among
others, (i) fully exempting all small entities from complying with the
information-sharing aspect of the rule, (ii) not requiring that the
information-sharing agreement obligate first-tier intermediaries to
assist in providing information from indirect intermediaries to funds,
and (iii) extending the compliance date for small entities.

VIII. Statutory Authority

    The Commission is amending rule 22c-2 pursuant to the authority set
forth in sections 6(c), 22(c), and 38(a) of the Investment Company Act
[15 U.S.C. 80a-6(c), 80a-22(c) and 80a-37(a)].

List of Subjects in 17 CFR Part 270

    Investment companies, Reporting and recordkeeping requirements,
Securities.

Text of Amended Rule

0
For reasons set out in the preamble, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:

PART 270--RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940

0
1. The authority citation for part 270 continues to read in part as
follows:

    Authority: 15 U.S.C. 80a-1 et seq., 80a-34(d), 80a-37, and 80a-
39, unless otherwise noted.
* * * * *

0
2. Section 270.22c-2 is revised to read as follows:

Sec.  270.22c-2  Redemption fees for redeemable securities.

    (a) Redemption fee. It is unlawful for any fund issuing redeemable
securities, its principal underwriter, or any dealer in such
securities, to redeem a redeemable security issued by the fund within
seven calendar days after the security was purchased, unless it
complies with the following requirements:
    (1) Board determination. The fund's board of directors, including a
majority of directors who are not interested persons of the fund, must
either:
    (i) Approve a redemption fee, in an amount (but no more than two
percent of the value of shares redeemed) and on shares redeemed within
a time period (but no less than seven calendar days), that in its
judgment is necessary or appropriate to recoup for the fund the costs
it may incur as a result of those redemptions or to otherwise eliminate
or reduce so far as practicable any dilution of the value of the
outstanding securities issued by the fund, the proceeds of which fee
will be retained by the fund; or
    (ii) Determine that imposition of a redemption fee is either not
necessary or not appropriate.
    (2) Shareholder information. With respect to each financial
intermediary that submits orders, itself or through its agent, to
purchase or redeem shares directly to the fund, its principal
underwriter or transfer agent, or to a registered clearing agency, the
fund (or on the fund's behalf, the principal underwriter or transfer
agent) must either:
    (i) Enter into a shareholder information agreement with the
financial intermediary (or its agent); or
    (ii) Prohibit the financial intermediary from purchasing in nominee
name on behalf of other persons, securities issued by the fund. For
purposes of this

paragraph, ``purchasing'' does not include the automatic reinvestment
of dividends.
    (3) Recordkeeping. The fund must maintain a copy of the written
agreement under paragraph (a)(2)(i) of this section that is in effect,
or at any time within the past six years was in effect, in an easily
accessible place.
    (b) Excepted funds. The requirements of paragraph (a) of this
section do not apply to the following funds, unless they elect to
impose a redemption fee pursuant to paragraph (a)(1) of this section:
    (1) Money market funds;
    (2) Any fund that issues securities that are listed on a national
securities exchange; and
    (3) Any fund that affirmatively permits short-term trading of its
securities, if its prospectus clearly and prominently discloses that
the fund permits short-term trading of its securities and that such
trading may result in additional costs for the fund.
    (c) Definitions. For the purposes of this section:
    (1) Financial intermediary means:
    (i) Any broker, dealer, bank, or other person that holds securities
issued by the fund, in nominee name;
    (ii) A unit investment trust or fund that invests in the fund in
reliance on section 12(d)(1)(E) of the Act (15 U.S.C. 80a-12(d)(1)(E));
and
    (iii) In the case of a participant-directed employee benefit plan
that owns the securities issued by the fund, a retirement plan's
administrator under section 3(16)(A) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(16)(A)) or any person that
maintains the plan's participant records.
    (iv) Financial intermediary does not include any person that the
fund treats as an individual investor with respect to the fund's
policies established for the purpose of eliminating or reducing any
dilution of the value of the outstanding securities issued by the fund.
    (2) Fund means an open-end management investment company that is
registered or required to register under section 8 of the Act (15
U.S.C. 80a-8), and includes a separate series of such an investment
company.
    (3) Money market fund means an open-end management investment
company that is registered under the Act and is regulated as a money
market fund under Sec.  270.2a-7.
    (4) Shareholder includes a beneficial owner of securities held in
nominee name, a participant in a participant-directed employee benefit
plan, and a holder of interests in a fund or unit investment trust that
has invested in the fund in reliance on section 12(d)(1)(E) of the Act.
A shareholder does not include a fund investing pursuant to section
12(d)(1)(G) of the Act (15 U.S.C. 80a-12(d)(1)(G)), a trust established
pursuant to section 529 of the Internal Revenue Code (26 U.S.C. 529),
or a holder of an interest in such a trust.
    (5) Shareholder information agreement means a written agreement
under which a financial intermediary agrees to:
    (i) Provide, promptly upon request by a fund, the Taxpayer
Identification Number (or in the case of non U.S. shareholders, if the
Taxpayer Identification Number is unavailable, the International
Taxpayer Identification Number or other government issued identifier)
of all shareholders who have purchased, redeemed, transferred, or
exchanged fund shares held through an account with the financial
intermediary, and the amount and dates of such shareholder purchases,
redemptions, transfers, and exchanges;
    (ii) Execute any instructions from the fund to restrict or prohibit
further purchases or exchanges of fund shares by a shareholder who has
been identified by the fund as having engaged in transactions of fund
shares (directly or indirectly through the intermediary's account) that
violate policies established by the fund for the purpose of eliminating
or reducing any dilution of the value of the outstanding securities
issued by the fund; and
    (iii) Use best efforts to determine, promptly upon request of the
fund, whether any specific person about whom it has received the
identification and transaction information set forth in paragraph
(c)(5)(i) of this section, is itself a financial intermediary
(``indirect intermediary'') and, upon further request by the fund:
    (A) Provide (or arrange to have provided) the identification and
transaction information set forth in paragraph (c)(5)(i) of this
section regarding shareholders who hold an account with an indirect
intermediary; or
    (B) Restrict or prohibit the indirect intermediary from purchasing,
in nominee name on behalf of other persons, securities issued by the
fund.

     Dated: September 27, 2006.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E6-16273 Filed 10-2-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86625-86629]
[FR Doc No: 2020-28805]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90776; File No. SR-NYSE-2020-105]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Revising Rules 46 and 46A To
Permit the Appointment of Trading Officials

December 22, 2020
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 15, 2020, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit

comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes revisions to Rules 46 and 46A to permit the
appointment of Trading Officials and to make conforming changes to
certain Exchange rules related to Floor Official duties and
responsibilities. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes revisions to Rules 46 and 46A to permit the
appointment of Trading Officials and to make conforming changes to
certain Exchange rules related to Floor Official duties and
responsibilities.
Background
    Rule 46 (Floor Officials--Appointment) and Rule 46A (Executive
Floor Governors) currently set forth the process for the Exchange to
appoint active NYSE members \4\ as Floor Officials. In addition, Rule
46 permits the Exchange to appoint qualified ICE employees to as act as
Floor Governors, a more senior type of Floor Official.\5\
---------------------------------------------------------------------------

    \4\ Rule 2(a) states that the term ``member,'' when referring to
a natural person, means a natural person associated with a member
organization who has been approved by the Exchange and designated by
such member organization to effect transactions on the Exchange
Trading Floor or any facility thereof. See also note 6, infra.
    \5\ The title ``Floor Official'' includes a broad category of
titles that include, in order of increasing seniority, Floor
Officials, Senior Floor Officials, Executive Floor Officials, Floor
Governors and Executive Floor Governors. See Rules 46 and 46A
(defining Floor Official, Floor Governor, Executive Floor Official,
Senior Floor Official and Executive Floor Governors).
---------------------------------------------------------------------------

    The role of the Floor Official evolved out of the self-regulatory
scheme of the Securities Exchange Act of 1934, as amended (the
``Act'').\6\ Floor Officials are delegated authority from the
Exchange's Board of Directors (the ``Board'') to supervise and regulate
active openings and unusual situations that arise in connection with
the making of bids, offers or transactions on the Trading Floor,\7\ and
to review and approve certain trading actions. A number of Exchange
Rules specify involvement in the marketplace by Floor Officials,
senior-level Floor Officials (i.e., Floor Governors, Executive Floor
Officials, Senior Floor Officials and Executive Floor Governors), or
both.
---------------------------------------------------------------------------

    \6\ See 15 U.S.C. 78f.
    \7\ The term ``Trading Floor'' is defined in Rule 6A to mean the
restricted-access physical areas designated by the Exchange for the
trading of securities, commonly known as the ``Main Room'' and the
``Buttonwood Room.''
---------------------------------------------------------------------------

    Exchange members appointed as Floor Officials serve in a volunteer
capacity in addition to their regular obligations as either brokers or
Designated Market Makers (``DMM''). In 2008, the Exchange amended Rule
46 to permit qualified ICE employees to be appointed as Floor Governors
(``Staff Governors'').\8\ At the same time, as a result of the
evolution of the equities markets away from manual executions and
manual enforcement of rules toward an electronic market that automates
executions and in many cases hard codes the rule requirements into the
execution logic, many of the trading procedures and situations
originally requiring Floor Official involvement have been automated; in
other cases, Floor Official approval has become pro forma rather than
substantive.\9\ More recently, the Exchange introduced Regulatory
Trading Officials (``RTOs'') to perform the functions performed by
Floor Officials regarding whether a bid or offer is eligible for
inclusion in the Closing Auction by the DMM.\10\ As described below,
the Exchange has now determined to delegate the remaining duties and
responsibilities of Floor Officials to the proposed Trading Officials.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 57627 (April 4,
2008), 73 FR 19919 (April 11, 2008) (SR-NYSE-2008-19) (``Release No.
57627'').
    \9\ See, e.g., Securities Exchange Act Release No. 75695 (August
13, 2015), 80 FR 50365 (August 19, 2015) (SR-NYSE-2015-33) (deletion
of Rule 79A.20 requiring prior Floor Official approval for certain
DMM dealer trades more than one or two dollars away from the last
sale as moot).
    \10\ See Securities Exchange Act Release No. 88765 (April 29,
2020), 85 FR 26771 (May 5, 2020) (SR-NYSE-2020-03). The Exchange has
filed a separate proposed rule change to make permanent that Floor
Broker Interest would not be eligible to participate in the Closing
Auction and in that filing, has also proposed to delete Rule 46B
because RTOs would no longer have a role under Exchange rules. See
Securities Exchange Act Release No. 90495 (November 24, 2020), 85 FR
77304 (December 1, 2020) (SR-NYSE-2020-95) (Notice) (``NYSE Close
Proposal'').
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange proposes to transition the duties and responsibilities
of Floor Officials to Trading Officials, who would be Exchange staff
appointed by the NYSE CEO or his or her designee. As proposed, Trading
Officials would be the only persons authorized to perform the delegated
functions under the Exchange rules on the Floor that member Floor
Officials and Staff Governors currently perform. The various seniority-
based gradations of Floor Official (Floor Officials, Senior Floor
Officials, Executive Floor Officials, Floor Governors and Executive
Floor Governors) also would be eliminated. As a practical matter, the
current Staff Governors would become the new Trading Officials. Active
Exchange members would not be eligible for appointment as Trading
Officials.
    Under current Rules 46 and 46A, Floor Officials are appointed by
the Board and re-appointed annually. Floor Officials must also complete
a mandatory education program and pass a qualifications exam. These
requirements were developed for member Floor Officials, and the
Exchange does not propose to retain them for Trading Officials. Like
the current Staff Governors, Exchange staff would be appointed as
Trading Officials based on experience and necessary business and rule
knowledge that would enable them to participate in and supervise
various trading situations on the Floor. Once appointed, Trading
Officials would be trained and supervised by the Exchange in the same
manner as the current Staff Governors.
    In order to effectuate the proposed changes, the Exchange proposes
to delete current Rules 46 and 46A in their entirety and define a
Trading Official in new Rule 46 as an Exchange staff person designated
by the CEO of the Exchange or his or her designee to perform those
functions specified in Exchange rules.
    In addition, the Exchange proposes certain technical and conforming
changes to replace references to Floor Officials, Senior Floor
Officials, Executive Floor Officials, Floor Governors and/or Executive
Floor Governors with Trading Official in the following rules:

     Rule 7.35A (DMM-Facilitated Core Open and Trading Halt
Auctions) sets forth the responsibility of DMMs to ensure that
registered securities open as close to the beginning of Core Trading
Hours as possible or reopen at the end of the halt or pause.
    [cir] Subsection (a)(4) provides for Floor Official participation
in the opening and reopening process to provide an impartial
professional assessment of unusual situations, as well as to provide
guidance with respect to pricing when a significant disparity in supply
and demand exists. The rule also contemplates DMMs consultations with
Floor Officials under certain specific circumstances. References to
Floor Official in Rule 7.35A(a)(4) and (a)(5) would be replaced with
Trading Official.
    [cir] Rule 7.35A(d) governs pre-opening indications. Subsection
(d)(4) describes the procedures for publishing pre-opening indications
and specifies when publication of a pre-opening indication requires
supervision and approval of a Floor Governor. References to Floor
Governor in Rule 7.35A(d)(4)(A) and (F)(i) would be replaced with
Trading Official.
     Rule 7.35B (DMM-Facilitated Closing Auctions) describes
the responsibility of each DMM to ensure that registered securities
close as soon after the end of Core Trading Hours as possible.
    [cir] Rule 7.35B(a)(1)(C) provides that electronically-entered
Floor Broker Interest cannot be reduced in size or replaced except that
DMMs can accept a full cancellation of electronically-entered Floor
Broker Interest to correct a Legitimate Error subject to Floor Official
approval. Floor Official would be replaced with Trading Official in
Rule 7.35B(a)(1).\11\
---------------------------------------------------------------------------

    \11\ The Exchange has separately proposed to delete Rule
7.35B(a)(1)(C). See id.
---------------------------------------------------------------------------

    [cir] Rule 7.35B(d) governs closing imbalances. Subsection
(d)(1)(A) describes the circumstances when a DMM may disseminate a
Regulatory Closing Imbalance with prior Floor Official approval.
Subsection (d)(2) provides that DMMs may disseminate a Manual Closing
Imbalance only with prior Floor Official approval beginning one hour
before the scheduled end of Core Trading Hours up to the Closing
Auction Imbalance Freeze Time. In both subsections, references to Floor
Official would be replaced with Trading Official.
    [cir] Rule 7.35B(j) governs temporary rule suspensions. Subsection
(j)(3) provides that a determination to declare a temporary suspension
as well as any entry or cancellation of orders or closing of a security
under subsection (j)(2) must be supervised and approved by an Executive
Floor Governor and supervised by an Exchange Officer. The Exchange
proposes that supervision and approval of these determinations must be
supervised and approved by a Trading Official.
     Rule 18(d) (Compensation in Relation to Exchange System
Failure) sets forth the process for member organizations to seek
reimbursement for losses resulting from system failures. Subsection (d)
establishes a Compensation Review Panel consisting of three Floor
Governors and three Exchange employees to determine the eligibility of
a claim for payment. The Exchange proposes to eliminate the
Compensation Review Panel and provide that the Exchange will perform
will review claims submitted pursuant to the rule and determine
eligibility of a claim for payment.
     Rule 37 (Visitors) provides that visitors shall not be
admitted to the Floor except by permission of Exchange officer, a
Senior Floor Official, Executive Floor Official, a Floor Governor, or
an Executive Floor Governor. The Exchange proposes that admission of
visitors to the Floor be by permission of the Exchange.
     As noted, the text of Rules 46 and 46A would be deleted.
The heading of Rule 46 would be changed to ``Trading Officials''.
     Under current Rule 47 (Floor Officials--Unusual
Situations), Floor Officials have the power to supervise and regulate
active openings and unusual situations that may arise in connection
with the making of bids, offers or transactions on the Floor.
References to Floor Official would be changed to Trading Officials and
the heading would be changed to ``Unusual Situations on the Floor.''
Current Rule 47 would become new Rule 48.
     Rule 75 (Disputes as to Bids and Offers) mandates that
disputes arising on bids or offers that are not settled by agreement
between the interested members shall be settled by a Floor Official.
The Exchange proposes that disputes be settled by a Trading Official
and would amend the rule text and Supplementary Material .10
accordingly. The rule currently provides that, if both parties to a
dispute involving either a monetary difference of $10,000 or more or a
questioned trade, the matter may be referred for resolution to a panel
of three Floor Governors, Senior Floor Officials, or Executive Floor
Officials, or any combination thereof (``3 Floor Official Panel''),
whose decision shall be binding on the parties. As an alternative to
the 3 Floor Official Panel, members may proceed to resolve a dispute
through long-standing arbitration procedures established under the
Exchange's rules. The Exchange proposes to eliminate the 3 Floor
Official Panel. Disputes involving either a monetary difference of
$10,000 or more or a questioned trade would thus be resolved
exclusively through arbitration.
     Rule 91.50 (Taking or Supplying Securities Named in Order)
provides that if there is a continued pattern of rejection of a DMM's
principal transactions, a Floor Official may be called upon and require
the broker to review his actions. Floor Official would be changed to
Trading Official in Rule 91.50.
     Rule 93(b) (Trading for Joint Account) provides that no
member while on the Floor shall initiate the purchase or sale on the
Exchange of a stock for any account in which the member, the member's
member organization or any other member or allied member therein is
directly or indirectly interested with any person other than such
member organization or any other member or allied member therein,
without the prior approval of a Floor Official. The reference to Floor
Official would be changed to Trading Official.
     Rule 103.10 (Registration and Capital Requirements of DMMs
and DMM Units) governs the temporary reallocation of securities and
provides that the CRO or his or her designee and two non-DMM Executive
Floor Governors or if only one or no non-DMM Executive Floor Governors
is present on the Floor, the most senior non-DMM Floor Governor or
Governors based on length of consecutive service as a Floor Governor at
the time of any action covered by this rule, acting by a majority,
shall have the power to reallocate temporarily any security on an
emergency basis whenever such reallocation would be in the public
interest. The Exchange proposes that only the CRO or his or her
designee would have the power to reallocate temporarily any security on
an emergency basis.
     Rule 103A (Member Education) provides for the Exchange to
develop procedures and standards for qualification and performance of
members active on the Floor of the Exchange. The rule currently exempts
Executive Floor Governors from the requirement to complete educational
modules, which the Exchange proposes to eliminate. The Exchange also
proposes the non-substantive change of

deleting the superfluous ``(I)'' at the beginning of the rule.
     Rule 103B(G) (Security Allocation and Reallocation)
describes the allocation freeze policy and provides that, following
allocation probation, a second six month period will begin during which
a DMM unit may apply for new listings, provided that the unit
demonstrates relevant efforts taken to resolve the circumstances that
triggered the allocation prohibition. Currently, the determination as
to whether a unit may apply for new listings is made by Exchange
regulatory staff in consultation with the Executive Floor Governors.
The Exchange proposes that this determination will be made solely by
regulatory staff.
     Rule 104 (Dealings and Responsibilities of DMMs) governs
dealings and responsibilities of DMMs. Subsection (i) provides for
temporary DMMs and permits a Floor Governor to authorize a member of
the Exchange who is not registered as a DMM in such stock or stocks, to
act as a temporary DMM under specific circumstances. The Exchange
proposes that Trading Officials would perform this function under the
rule.
     Rule 112(a)(i) (Orders initiated ``Off the Floor'')
provides that all orders in stocks for the account of a member
organization or any member, principal executive, approved person,
officer, or employee of such organization or a discretionary account
serviced by the member or member organization must be sent to the Floor
through a clearing firm's order room or other facilities regularly used
for transmission of public customers' orders to the Floor, except for
orders, among others, when a Floor Official expressly invites a member
or members to participate in a difficult market situation. The Exchange
would replace Trading Official for Floor Official in Rule 112(a)(i).
     Rule 124(e) (Midday Auction) provides that, when there is
a significant imbalance in a Midday Auction Stock at the end of the
Midday Auction Pause, the Midday Auction Pause may be converted to an
order imbalance halt with the approval of a Floor Governor or two Floor
Officials. The Exchange proposes that the approval would be given by a
Trading Official.
     Rule 128B (Publication of Changes, Corrections,
Cancellations or Omissions and Verification of Transactions) governs
changes and corrections to the Consolidated Tape.
    [cir] Rule 128B.10 (Publication on the tape or in the ``sales
sheet'') provides that publication of a change or a correction in a
transaction which previously appeared on the tape may be made on the
tape on the day of the transaction provided that both buying and
selling members or member organizations agree to the change in the
transaction(s) and receive approval from a Floor Governor, Executive
Floor Official, Senior Floor Official or Executive Floor Governor. In
the event such publication is not made on the tape on the day of the
transaction, it may be published on the tape at least ten minutes prior
to the opening of business on the following business day or in the
sales sheet within three business days of the transaction with the
approval of both the buying and selling members and a Floor Official,
provided the price of the transaction does not affect the high, low,
opening or closing price of the security on the day of the transaction.
The Exchange proposes that Trading Officials provide the approvals
required under Rule 128B.10.
    [cir] Rule 128B.13 (Other errors) provides that a correction in the
amount of a transaction reported erroneously to the tape by a party to
the transaction, may be published on the tape on the day of the
transaction, on the tape at least ten minutes prior to the opening on
the following business day, or on the ``sales sheet'' within three
business days of the transaction with the approval of a Floor Governor,
Executive Floor Official, Senior Floor Official or Executive Floor
Governor. The Exchange proposes that Trading Officials provide the
approvals required under Rule 128B.13.
     Rule 308(g) (Acceptability Proceedings) provides that any
person whose application has been disapproved by an Acceptability
Committee, or any member of the Board, any member of the Committee for
Review, any Executive Floor Governor, and the Division of the Exchange
initiating the proceedings may require a review by the Board of any
determination of an Acceptability Committee. The Exchange proposes to
delete Executive Floor Governors from the rule.
     Rule 903(d)(ii) (Off-Hours Transactions) provides that a
closing price order to buy (sell) a security for the account of the DMM
registered in such security and approved by a Floor Official, coupled
with a closing price order to sell (buy) to offset all or part of a
market-on-close imbalance in the stock prior to the close, shall be
executed upon entry. The Exchange proposes that a Trading Official
would provide the required approval under the rule.
     Rule 906 (Impact of Trading Halts on Off-Hours Trading)
provides that a closing price order to buy (sell) a security for the
account of the DMM registered in such security and approved by a Floor
Official coupled with a closing price order to sell (buy) to offset all
or part of any market-on-close imbalance in the stock prior to the
close, shall not be so canceled or precluded from entry as result of
corporate developments during the Off-Hours Trading Session. The
Exchange proposes that a Trading Official would provide the required
approval under the rule.
     Finally, NYSE Listed Company Manual Section 202.04
(Exchange Market Surveillance) provides that a listed issue may be
placed under special initial margin and capital requirements, which
indicates a determination by the Exchange's Floor Officials that the
market in the issue has assumed a speculative tenor and has become
volatile due to the influence of credit, which, if ignored, may lead to
unfair and disorderly trading. The reference to Floor Officials would
be updated to Trading Officials.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\12\ in general, and furthers the objectives of Section
6(b)(5),\13\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that creating a new category
of Trading Official to replace member Floor Officials would promote
just and equitable principles of trade and remove impediments to a free
and open market by streamlining and modernizing the role of a Trading
Official on the Floor. The volunteer member Floor Official is a self-
regulatory vestige developed for manual trading. As noted, the Exchange
introduced Staff Governors several years ago to address the shortfall
in experienced members following the consolidation of trading space on
the Exchange.\14\ More recently, RTOs were introduced to perform
certain functions performed by Floor Officials in

connection with the Closing Auction.\15\ The proposed rule change would
complete the evolution of member Floor Officials to Trading Officials
that are Exchange-trained and supervised staff, which is similar to how
trading officials function on the options markets run by the Exchange's
affiliates.\16\ By replacing the variety and hierarchy of Floor
Officials based on seniority with a single Trading Official appointed
by the NYSE CEO, the Exchange would significantly simplify the
appointment and retention of individuals with responsibility under the
Exchange's rules to supervise and review trading on the Floor. Further,
the proposal would contribute to the protection of investors and the
public interest by ensuring that qualified Exchange staff continue to
perform the formal roles prescribed by Exchange rules and provide a
level of oversight to the marketplace on a day-to-day basis, thereby
contributing to the maintenance of a fair and orderly marketplace on
the Exchange.
---------------------------------------------------------------------------

    \14\ See Release No. 57627, 73 FR at 19920.
    \15\ As noted above, the Exchange has separately proposed to
delete Rule 46B because RTOs would no longer have a role under
Exchange rules. See NYSE Close Proposal, supra note 10.
    \16\ See NYSE American LLC (``NYSE American'') Rule 900.2NY(82)
and NYSE Arca, Inc. (``NYSE Arca'') Rule 6.1-O(b)(34).
---------------------------------------------------------------------------

    Finally, the Exchange believes that the conforming and technical
changes would remove impediments to and perfect the mechanism of a free
and open market and a national market system and, in general, protect
investors and the public interest because the proposed non-substantive
changes would add clarity, transparency and consistency to the
Exchange's rules. The Exchange believes that market participants would
benefit from the increased clarity, thereby reducing potential
confusion and ensuring that persons subject to the Exchange's
jurisdiction, regulators, and the investing public can more easily
navigate and understand the Exchange's rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but is rather concerned with
transferring Floor Official duties and responsibilities under Exchange
rules to staff Trading Officials. The Exchange believes the proposed
rule changes would streamline and modernize the role of the trading
official on the Floor, thereby contributing to the maintenance of a
fair and orderly marketplace on the Exchange to the benefit of all
members and member organizations and the investing public. Moreover,
since the proposal does not substantively modify system functionality
or processes on the Exchange, the proposed changes will not impose any
burden on competition.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-105 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2020-105. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-105 and should be submitted on
or before January 20, 2021.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2020-28805 Filed 12-29-20; 8:45 am]
BILLING CODE 8011-01-P