[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Page 77071]
[FR Doc No: 2012-31369]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-403-000.
    Applicants: Northern Border Pipeline Company.
    Description: Settlement Compliance to RP12-1093 to be effective 1/
1/2013.
    Filed Date: 12/19/12.
    Accession Number: 20121219-5103.
    Comments Due: 5 p.m. ET 12/31/12.

    Docket Numbers: RP13-404-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: 2012 TW Stipulation & Agreement--Alert Day, etc. to be
effective 12/31/9998 reply comments due by 1/7/2013.
    Filed Date: 12/19/12.
    Accession Number: 20121219-5206.
    Comments Due: 5 p.m. ET 12/31/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-373-001.
    Applicants: Cimarron River Pipeline, LLC.
    Description: NAESB Version 2.0 Extension Filing 2 to be effective
1/1/2013.
    Filed Date: 12/19/12.
    Accession Number: 20121219-5062.
    Comments Due: 5 p.m. ET 12/31/12.

    Docket Numbers: RP13-374-001.
    Applicants: Dauphin Island Gathering Partners.
    Description: NAESB Version 2.0 Extension Filing 2 to be effective
1/1/2013.
    Filed Date: 12/19/12.
    Accession Number: 20121219-5061.
    Comments Due: 5 p.m. ET 12/31/12.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: December 20, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-31369 Filed 12-28-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Notices]
[Page 50108-50109]
[DOCID:fr24au06-86]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and

Information Services, Washington, DC 20549.

Extension: Rule 17i-2, SEC File No. 270-528, OMB Control No. 3235-
0592.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 \1\ the Securities and Exchange Commission (``Commission'')
intends to submit to the Office of Management and Budget a request for
extension of the previously approved collection of information
discussed below. The Code of Federal Regulation citation to this
collection of information is the following rule: 17 CFR 240.17i-2.
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    \1\ 44 U.S.C. 3501 et seq.
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    Section 231 of the Gramm-Leach-Bliley Act of 1999 \2\ (the
``GLBA'') amended Section 17 of the Securities Exchange Act of 1934 to
create a regulatory framework under which a holding company of a
broker-dealer (``investment bank holding company'' or ``IBHC'') may
voluntarily be supervised by the Commission as a supervised investment
bank holding company (or ``SIBHC'').\3\ In 2004, the Commission
promulgated rules, including Rule 17i-2, to create a framework for the
Commission to supervise SIBHCs.\4\ This framework includes
qualification criteria for SIBHCs, as well as recordkeeping and
reporting requirements. Among other things, this regulatory framework
for SIBHCs is intended to provide a basis for non-US financial
regulators to treat the Commission as the principal U.S. consolidated,
home-country supervisor \5\ for SIBHCs and their affiliated broker-
dealers.
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    \2\ Pub. L. 106-102, 113 Stat. 1338 (1999).
    \3\ See 15 U.S.C. 78q(i).
    \4\ See Exchange Act Release No. 49831 (Jun. 8, 2004), 69 FR
34472 (Jun. 21, 2004).
    \5\ See H.R. Conf. Rep. No. 106-434, 165 (1999). See also
Exchange Act Release No. 49831, at 6 (Jun. 8, 2004), 69 FR 34472, at
34473 (Jun. 21, 2004).
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    Rule 17i-2 provides the method by which an IBHC can elect to become
an SIBHC. In addition, Rule 17i-2 indicates that the IBHC will
automatically become an SIBHC 45 days after the Commission receives its
completed Notice of Intention unless the Commission issues an order
indicating either that it will begin its supervision sooner or that it
does not believe it to be necessary or appropriate in furtherance of
Section 17 of the Act for the IBHC to be so supervised. Finally, Rule
17i-2 sets forth the criteria the Commission would use to make this
determination. The records required to be created pursuant to Rule 17i-
2 must be preserved for a period of not less than three years.\6\
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    \6\ 17 CFR 240.17i-5(b)(2).
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    The collections of information required by Rule 17i-2 are necessary
to allow the Commission to effectively determine whether supervision of
an IBHC as an SIBHC is necessary or appropriate in furtherance of the
purposes of Sec.  17 of the Act. In addition, these collections are
needed so that the Commission can adequately supervise the activities
of these SIBHCs. Finally, these rules enhance the Commission's
supervision of the SIBHCs' subsidiary broker-dealers through collection
of additional information and inspections of affiliates of those
broker-dealers.
    We estimate that three IBHCs will file Notices of Intention with
the Commission to be supervised by the Commission as SIBHCs. Each IBHC
that files a Notice of Intention to become supervised by the Commission
as an SIBHC will require approximately 900 hours to draft the Notice of
Intention, compile the various documents to be included with the Notice
of Intention, and work with the Commission staff. Further, each IBHC
likely will have an attorney review its Notice of Intention, and it
will take the attorney approximately 100 hours to complete such a
review. Consequently, we estimate the total one-time burden for all
three firms to file their Notices of Intention would be approximately
3,000 hours.\7\ Rule 17i-2 also requires that an IBHC/SIBHC update its
Notice of Intention on an ongoing basis.\8 \Each IBHC/SIBHC will
require approximately two hours each month to update its Notice of
Intention, as necessary. Thus, we estimate that it will take the three
IBHC/SIBHCs, in the aggregate, about 72 hours each year to update their
Notices of Intention.\9\ Thus, the total burden relating to Rule 17i-2
for all SIBHCs would be approximately 3,072 hours in the first
year,\10\ and approximately 72 hours each year thereafter.
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    \7\ (900 hours + 100 hours) x 3 IBHCs/SIBHCs = 3,000 hours.
    \8\ An IBHC would be required to review and update its Notice of
Intention to the extent it becomes inaccurate prior to a Commission
determination, and an SIBHC would be required to update its Notice
of Intention if it changes a mathematical model used to calculate
its risk allowances pursuant to Rule 17i-7 after a Commission
determination was made.
    \9\ (2 hours x 12 months each year) x 3 SIBHCs = 72.
    \10\ (3,000 hours to file the Notices of Intention + 72 hours to
update them).
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    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
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.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 60 days of this notice.

    Dated: August 14, 2006.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-14024 Filed 8-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: December 18, 2006 (Volume 71, Number 242)]
[Notices]
[Page 75788-75790]
[DOCID:fr18de06-66]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54909; File No. SR-NASD-2006-129]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Use of a Special Indicator for
Transactions Reported in Accordance With Section 3 of Schedule A to the
NASD By-Laws

December 11, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 29, 2006, the National Association of Securities Dealers,
Inc. (``NASD'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the NASD. The NASD has
submitted the proposed rule change under Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission.\5\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The NASD has asked the Commission to waive the 30-day
operative delay provided in Rule 19b-4(f)(6)(iii). 17 CFR 240.19b-
4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NASD proposes to adopt new paragraph (f) of NASD Rule 6130C,
``Trade Report Input,'' which will require members that report to the
NASD/NSX Trade Reporting Facility (``NASD/NSX TRF'') \6\ odd-lot
transactions, sales where the buyer and seller have agreed to a price
substantially unrelated to the current market for the security (also
referred to as ``away from the market sales''), and purchases or sales
of securities effected upon the exercise of an over-the-counter
(``OTC'') option to use a special indicator denoting that such
transactions are reported in accordance with Section 3 of Schedule A to
the NASD By-Laws. Because the systems changes required to enable the
NASD/NSX TRF to support the proposed new trade report modifiers have
not been completed, proposed NASD Rule 6130C(f) specifies that prior to
December 15, 2006, members cannot use the NASD/NSX TRF to report these
transactions to the NASD and must use another electronic mechanism to
satisfy their reporting obligations. The text of proposed NASD Rule
6130C(f) is substantially similar to NASD Rule 6130(g), which the
Commission approved on June 12, 2006,\7\ and which became effective on
December 1, 2006. In this proposal, the NASD also is proposing
technical conforming changes to NASD Rule 6130(g).
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    \6\ The NASD/NSX TRF is the trade reporting facility established
by the NASD and the National Stock Exchange.
    \7\ See Securities Exchange Act Release No. 53977 (June 12,
2006), 71 FR 34976 (June 16, 2006) (order approving SR-NASD-2006-
055) (``June 2006 Order'').
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    The text of the proposed rule change is available at http://www.nasd.com,

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

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

1. Purpose
Background
    In the June 2006 Order, the Commission approved an NASD proposal
that, among other things, amended the NASD's By-Laws to require members
to report to the NASD in an automated manner all transactions that must
be reported to the NASD and that are subject to a regulatory
transaction fee pursuant to Section 3 of Schedule A to the NASD By-Laws
(``Section 3'').\8\ In that proposal, the NASD also adopted NASD Rule
6130(g), which requires members to report to the System, defined to
include the NASD/

Nasdaq Trade Reporting Facility (the ``NASD/Nasdaq TRF''), odd-lot
transactions, away from the market sales, and OTC option exercises with
a special indicator denoting that such transactions are reported in
accordance with Section 3. The effective date of the proposal was
December 1, 2006.
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    \8\ See June 2006 Order, supra note 7. Pursuant to Section 31 of
the Act, the NASD and the national securities exchanges are required
to pay transaction fees and assessments to the Commission that are
designed to recover the costs related to the government's
supervision and regulation of the securities markets and securities
professionals. The NASD obtains its Section 31 fees and assessments
from its membership, in accordance with Section 3.
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    On November 6, 2006, the Commission approved the NASD's proposal to
establish the NASD/NSX TRF.\9\ The NASD/NSX TRF provides members with
an additional mechanism for reporting transactions in exchange-listed
securities executed otherwise than on an exchange. The rules relating
to the NASD/NSX TRF, which are found in the NASD Rule 4000C and 6000C
Series, are substantially similar to the rules relating to the NASD/
Nasdaq TRF. The NASD/NSX TRF rules became effective on November 27,
2006, the date on which the NASD/NSX TRF commenced operation with
respect to certain Nasdaq-listed securities.
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    \9\ See Securities Exchange Act Release No. 54715 (November 6,
2006), 71 FR 66354 (November 14, 2006) (order approving SR-NASD-
2006-108).
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Proposed Amendments
    The NASD proposes to adopt new NASD Rule 6130C(f) to require
members that submit reports to the NASD/NSX TRF for odd-lot
transactions, away from the market sales, and transactions pursuant to
the exercise of an OTC option to use a special indicator denoting that
such transactions are reported in accordance with Section 3. The
proposed new paragraph specifies that transactions may be entered as
clearing or non-clearing. Pursuant to NASD Rule 4632C(e), these
transactions are not to be reported to the NASD/NSX TRF for purposes of
publication. Proposed NASD Rule 6130C(f) also specifies the trade
report modifiers that must be used when reporting these transactions to
the NASD/NSX TRF: (1) .RO for transactions of less than a normal unit
of trading; (2) .RA for away from the market sales; and (3) .RX for
transactions effected pursuant to the exercise of an OTC option. These
trade report modifiers are identical to the modifiers required under
NASD Rule 6130(g).
    The text of proposed NASD Rule 6130C(f) differs slightly from the
current text of NASD Rule 6130(g). While members have an affirmative
obligation pursuant to Section 3 to report to the NASD in an automated
manner all covered odd-lot transactions, away from the market sales,
and exercises of OTC options, they are not required to report such
transactions to the NASD/NSX TRF. Instead, members may use any NASD
facility that accepts the electronic reporting of such transactions,
e.g., the NASD/Nasdaq TRF or the Alternative Display Facility
(``ADF''), to satisfy their reporting obligations. The text of proposed
NASD Rule 6130C(f) makes clear that if members use the NASD/NSX TRF to
report such transactions to the NASD, their reports must comply with
the requirements set forth in NASD Rule 6130C(f). The NASD also is
proposing conforming changes to the text of NASD Rule 6130(g) to
maintain consistency among the rules for the NASD Trade Reporting
Facilities and to clarify that members may, but are not required to,
use the NASD/Nasdaq TRF to report such transactions.\10\
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    \10\ The NASD notes that ``System'' is defined for purposes of
NASD Rule 6130 to include the OTC Reporting Facility, which is the
only mechanism available to members for reporting transactions in
OTC equity securities in accordance with NASD Rule 6620.
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    Finally, the NASD notes that the systems changes that will enable
the NASD/NSX TRF to support the new trade report modifiers cannot be
implemented as of December 1, 2006. As a result, proposed NASD Rule
6130C(f) provides that prior to December 15, 2006, members cannot
report these transactions to the NASD/NSX TRF and must use an
alternative electronic mechanism to satisfy their reporting obligations
under Section 3.
    The NASD believes that requiring members to report these
transactions for regulatory purposes with the appropriate modifier will
enhance the audit trail while preventing the dissemination of trade
information that could distort the tape.
    The NASD has filed the proposed rule change for immediate
effectiveness. The NASD proposes to make the proposed rule change
operative on December 1, 2006, the effective date of the amendments to
Section 3 and substantially similar amendments to NASD Rule 6130(g)
relating to the NASD/Nasdaq TRF.\11\
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    \11\ See June 2006 Order, supra note 7.
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2. Statutory Basis
    The NASD believes that the proposed rule change is consistent with
the provisions of Section 15A(b)(6) of the Act,\12\ which requires,
among other things, that NASD rules be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The NASD believes that the proposed rule change will
enhance the audit trail while preventing the dissemination of trade
information that could distort the tape.
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    \12\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    The NASD has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \13\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\14\ Because the NASD has designated the foregoing proposed
rule change as one that: (1) Does not significantly affect the
protection of investors or the public interest; (2) does not impose any
significant burden on competition; and (3) does not become operative
for 30 days from the date of filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder. As required under Rule 19b-4(f)(6)(iii), the NASD provided
the Commission with written notice of its intention to file the
proposed rule change at least five business days prior to filing the
proposal with the Commission or such shorter period as designated by
the Commission.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The NASD has asked the Commission to
waive the 30-day operative delay to allow the proposed rule change to
become operative on December 1, 2006, the effective date for
substantially similar amendments to NASD Rule 6130, which governs the
NASD/Nasdaq TRF.\15\ The NASD notes, however, that the systems changes
necessary to allow the NASD/NSX TRF to support the new

trade report modifiers provided in NASD Rule 6130C(f) could not be
implemented as of December 1, 2006. For that reason, NASD Rule 6130C(f)
prohibits NASD members from reporting transactions covered by NASD Rule
6130(f) to the NASD/NSX TRF prior to December 15, 2006, and requires
them to use an alternative electronic mechanism to satisfy their
reporting obligations prior to that date.
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    \15\ See June 2006 Order, supra note 7.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow NASD members to submit to the NASD/NSX TRF trade
reports for the transactions specified in NASD Rule 6130C(f) on or
after December 15, 2006, thereby providing NASD members with an
additional means to satisfy their obligation to report these
transactions.\16\ For this reason, the Commission designates that the
proposal become operative on December 1, 2006.
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    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

VI. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-129 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2006-129. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make publicly available. All submissions should refer to
File Number SR-NASD-2006-129 and should be submitted on or before
January 8, 2007.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-21452 Filed 12-15-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 19, 2010 (Volume 75, Number 201)]
[Notices]
[Page 64314]
[DOCID:fr19oc10-59]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Oncologic Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.

    Name of Committee: Oncologic Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on December 2, 2010,
from 8 a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave.,
Building 31 Conference Center, the Great Room (rm. 1503), Silver
Spring, MD 20993-0002. Information regarding special accommodations
due to a disability, visitor parking, and transportation may be
accessed at http://www.fda.gov/AdvisoryCommittees/default.htm; under
the heading ``Resources for You'', click on ``White Oak Conference
Center Parking and Transportation Information for FDA Advisory
Committee Meetings''.
    Contact Person: Nicole Vesely, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:
301-847-8533, e-mail<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area), code<PHONE_NUMBER>. Please call the Information
Line for up-to-date information on this meeting. A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On December 2, 2010, during the morning session, the
committee will discuss biologics license application (BLA) 125377,
with the proposed trade name Yervoy (ipilimumab), manufactured by
Bristol-Myers Squibb Company. The proposed indication (use) for this
product is for the treatment of advanced melanoma in patients who
have received prior therapy. During the afternoon session, the
committee will discuss new drug application (NDA) 022-405, with the
proposed trade name Zictifa (vandetanib) Tablets, manufactured by
iPR Pharmaceuticals, Inc., represented by AstraZeneca
Pharmaceuticals LP (authorized U.S. agent). The proposed indication
(use) for this product is for the treatment of patients with
unresectable (non-operable) locally advanced or metastatic medullary
thyroid cancer.
    FDA intends to make background material available to the public
no later than 2 business days before the meeting. If FDA is unable
to post the background material on its Web site prior to the
meeting, the background material will be made publicly available at
the location of the advisory committee meeting, and the background
material will be posted on FDA's Web site after the meeting.
Background material is available at http://www.fda.gov/
AdvisoryCommittees/Calendar/default.htm. Scroll down to the
appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 16, 2010. Oral presentations from the public will be
scheduled between approximately 10:30 a.m. and 11 a.m. and between
approximately 3:30 p.m. and 4 p.m. Those desiring to make formal
oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments
they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before November 8, 2010. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public
hearing session. The contact person will notify interested persons
regarding their request to speak by November 9, 2010.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to
electrical outlets.
    FDA welcomes the attendance of the public at its advisory
committee meetings and will make every effort to accommodate persons
with physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Nicole Vesely at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory
committee meetings. Please visit our Web site at http://www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for
procedures on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 14, 2010.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2010-26247 Filed 10-18-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Page 31626]
[FR Doc No: 2013-12473]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Anti-Drug
Program for Personnel Engaged in Specified Aviation Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. Information is collected to determine program compliance or
non-compliance of regulated aviation employers, oversight planning, to
determine who must provide annual Management Information System testing
information, and to communicate with entities subject to the program
regulations. This notice corrects a reference within a notice for
public comment that was published on Monday, May 20, 2013 (78 FR
29427). That notice cited the regulation for drug and alcohol testing
as 14 CFR Part 121, appendices I and J. Effective July 13, 2009, that
regulation is now a part of 14 CFR Part 120.

DATES: Written comments should be submitted by July 23, 2013.

ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy
DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0535.
    Title: Anti-Drug Program for Personnel Engaged in Specified
Aviation Activities
    Form Numbers: There are no FAA forms associated with this
collection of information.
    Type of Review: Renewal of an information collection.
    Background: The FAA mandates specified aviation entities to conduct
drug and alcohol testing under its regulations, Drug and Alcohol
Testing Program (14 CFR Part 120), 49 U.S.C .31306 (Alcohol and
controlled substances testing), and the Omnibus Transportation Employee
Testing Act of 1991 (the Act). The FAA uses information collected for
determining program compliance or non-compliance of regulated aviation
employers, oversight planning, determining who must provide annual MIS
testing information, and communicating with entities subject to the
program regulations. In addition, the information is used to ensure
that appropriate action is taken in regard to crew members and other
safety-sensitive employees who have tested positive for drugs or
alcohol, or have refused to submit to testing.
    Respondents: Approximately 7,000 affected entities annually.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 5 minutes.
    Estimated Total Annual Burden: 22,902 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on May 20, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-12473 Filed 5-23-13; 8:45 am]
BILLING CODE 4910-13-P


IMPORTANT NOTE TO USER:

This OMB form has been recreated in WP6.0 by OPPTS staff. The margins and lines are NOT block protected, so you must fill the form with caution, paying attention to any shifting of the existing text. The following tips should make this a simple task:

 Fill in the spaces by using the type over command. Otherwise you= ll have to delete a space for each letter you add.

 Use the same font ( Times New Roman 8pt).

 Do not change table lines ( although you can delete an extra space line to provide more space elsewhere.

 It is not recommended that you convert this form to WP5.1, some of these features are not available in WP5.1, so the text will scramble.

If you have any problems or questions, please call your RID Desk Officer @ 260 2706. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency= s Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency 2. OMB control number b. G None a 2 0 8 0  0 0 0 5 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. _ Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. _ Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes _ No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. _ Three years from approval date b. G Other Specify: / /

7. Title Application for Reference and Equivalent Method Determination 8. Agency form number( s) ( If applicable)

0559.07 9. Keywords reference method, equivalent method, ambient air monitoring 10. Abstract This ICR addresses the information, data collection, and recordkeeping requirements applicable ( primarily) to manufacturers or sellers of air pollutant monitoring devices or methods who seek to have such devices or methods designated by EPA as reference or equivalent methods under regulations at 40 CFR Part 53, thereby allowing the devices to be used by States in their EPA required ambient air quality surveillance networks.

11. Affected public ( Mark primary with A P@ and all others that apply with A X@) a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with A P@ and all others that apply with A X@) a. _ X Voluntary b. _ P Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 5 b. Total annual responses 5 1. Percentage of these responses collected electronically 0 % c. Total hours requested 4,718 d. Current OMB inventory 6,772 e. Difference ( 2054) f. Explanation of difference 1. Program Change _______ 2. Adjustment ( 2054) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 75_ b. Total annual costs ( O& M) 14 c. Total annualized cost requested 89 d. Current OMB inventory 19 e. Difference 70 f. Explanation of difference 1. Program change 2. Adjustment 70 15. Purpose of information collection ( Mark Primary With A P@ and all others that apply with A X@) a. P Application for benefits e. __ Program planning or management b. __ Program evaluation f.. __ Research c. __ General purpose statistics g. X Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. _ X Recordkeeping b. Q Third party disclosure c. _ X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. _ X Other ( describe) Per application/ mod.

17. Statistical methods Does this information collection employ statistical methods?

Q Yes _ X No 18. Agency contact ( person who can best answer questions regarding the content of this submission)

Name: Elizabeth Hunike Phone: 919 541 3737 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected= ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Jerry N. Blancato, Acting Director Human Exposure & Atmospheric Sciences Division National Exposure Research Laboratory ( NERL) Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OPPE) Date MB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads AAs part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the enior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

A( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

A( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

A( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C ' 601( 6)), the use of such techniques as:

A( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; A( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; A( 3) an exemption from coverage of the collection of information, or any part thereof;

A( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

A( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

A( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

A( g) informs potential respondents of the information called for under ' 1320.8( b)( 3); [ see below]

A( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to e collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

A( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and A( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public.@

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

A( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: A( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; A( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; A( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); A( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); A( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and A( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.@

MB 83 I ( Instructions) 10/ 95


[Federal Register: May 11, 2007 (Volume 72, Number 91)]
[Notices]
[Page 26852-26853]
[DOCID:fr11my07-101]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold the following meeting during the week
of May 14, 2007:

Closed Meetings will be held on Tuesday, May 15, 2007 at 2 p.m. and
Thursday, May 17, 2007 at 9:45 a.m.

    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meetings.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meetings.
    Commissioner Atkins, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Tuesday, May
15, 2007 will be:

Formal orders of investigations;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an
enforcement nature;
An adjudicatory matter; and
Other matters related to enforcement proceedings.

    The subject matter of the Closed Meeting scheduled for Thursday,
May 17, 2007 will be:

Institution and settlement of injunctive actions; and
Institution and settlement of administrative proceedings of an
enforcement nature;

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    May 8, 2007.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-9181 Filed 5-10-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2276-2282]
[FR Doc No: 2016-00645]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76869; File No. SR-NYSEArca-2015-86]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, and Notice of Filing and Order
Granting Accelerated Approval of Amendment Nos. 1 and 3 Thereto,
Relating to Auctions for Pillar, the Exchange's New Trading Technology
Platform

January 11, 2016.

I. Introduction

    On September 22, 2015, NYSE Arca, Inc. (``Exchange'' or ``Arca'')
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
adopt new equity trading rules relating to auctions for Pillar, the
Exchange's new trading technology platform. The proposed rule change
was published for comment in the Federal

Register on October 13, 2015.\3\ The Commission received no comments on
the proposed rule change. On November 20, 2015, 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 approve or disapprove the proposed rule
change.\4\ On December 22, 2015, the Exchange filed Amendment No. 1 to
the proposed rule change.\5\ On January 7, 2016, the Exchange filed
Amendment No. 3 to the proposed rule change.\6\ The Commission is
publishing this notice to solicit comment on Amendment Nos. 1 and 3
from interested persons, and is approving the proposed rule change, as
modified by Amendment Nos. 1 and 3, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76085 (October 6,
2015), 80 FR 61513 (``Notice'').
    \4\ See Securities Exchange Act Release No. 76493, 80 FR 74169
(November 27, 2015).
    \5\ In Amendment No. 1, the Exchange: (i) Amends proposed Rule
7.35P(h) to provide that the rule would address how orders would be
handled not only in the transition to continuous trading following
an auction, but also when transitioning from one trading session to
the next trading session; (ii) amends proposed Rule 7.35P(h)(3)(B)
to provide that, before continuous trading following a prior trading
session or an auction begins, the display price and working price of
orders would be adjusted as provided for in Rule 7.31P, and that
when transitioning to continuous trading, the display price and
working price of Day ISOs would be adjusted in the same manner as
Arca Only Orders until the Day ISO is either traded in full or
displayed at its limit price; and (iii) provides additional
discussions related to certain proposed rules.
    \6\ Amendment No. 3 superseded Amendment No. 2 in its entirety.
In Amendment No. 3, the Exchange: (i) Specifies the percentages for
the Auction Collar thresholds; (ii) removes the reference to the
Trading Halt Auction in the definition of Auction Collar; (iii)
states that the Exchange would provide prior notice to ETP Holders
if additional UTP Securities are to be designated as Auction-
Eligible Securities; (iv) includes cross-references to Rule 7.16P in
Commentary .01 to proposed Rule 7.35P to clarify where certain terms
are defined; and (v) provides additional discussions related to
certain proposed rules.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to adopt Rule 7.35P, which relates to
auctions for Pillar, the Exchange's new trading technology platform.
The Exchange also proposes to amend existing definitions in Rule
1.1.\7\
---------------------------------------------------------------------------

    \7\ The Exchange proposes to amend Rules 1.1(r) and (s) to
specify that the definition of ``Imbalance'' and ``Indicative Match
Price'' in those rules would be applicable only for auctions
conducted on the current trading platform. The Exchange states that
these changes would remove impediments to and perfect the mechanism
of a fair and orderly market because they would not make any
substantive changes, but rather are designed to reduce confusion by
specifying that Rules 1.1(r) and (s) would be applicable to auctions
on the current trading platform only. See Notice at 61525.
---------------------------------------------------------------------------

A. Background

    The Exchange represents that Pillar is an integrated trading
technology platform designed to use a single specification for
connecting to the equities and options markets operated by Arca and its
affiliates, New York Stock Exchange LLC (``NYSE'') and NYSE MKT LLC
(``NYSE MKT'').\8\ On April 30, 2015, the Exchange filed the first rule
filing relating to the implementation of Pillar, which adopted rules
relating to Trading Sessions, Order Ranking and Display, and Order
Execution.\9\ On July 7, 2015, the Exchange filed the second rule
filing relating to the implementation of Pillar, which adopted rules
relating to Orders and Modifiers and the Retail Liquidity Program.\10\
On July 1, 2015, the Exchange filed the third rule filing relating to
the implementation of Pillar, which adopted rules relating to Trading
Halts, Short Sales, Limit Up-Limit Down, and Odd Lots and Mixed
Lots.\11\
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    \8\ See Notice at 61513.
    \9\ See Securities Exchange Act Release No. 74951 (May 13,
2015), 80 FR 28721 (May 19, 2015) (SR-NYSEArca-2015-38) (``Pillar I
Filing''). The Commission approved the Pillar I Filing on July 20,
2015. See Securities Exchange Act Release No. 75494 (July 20, 2015),
80 FR 44170 (July 24, 2015).
    \10\ See Securities Exchange Act Release No. 75497 (July 21,
2015), 80 FR 45022 (July 28, 2015) (SR-NYSEArca-2015-56) (``Pillar
II Filing''). The Commission approved the Pillar II Filing on
October 26, 2015. See Securities Exchange Act Release No. 76267
(October 26, 2015), 80 FR 66951 (October 30, 2015).
    \11\ See Securities Exchange Act Release No. 75467 (July 16,
2015), 80 FR 43515 (July 22, 2015) (SR-NYSEArca-2015-58) (``Pillar
III Filing''). The Commission approved the Pillar III Filing on
October 20, 2015. See Securities Exchange Act Release No. 76198
(October 20, 2015), 80 FR 65274 (October 26, 2015). See also
Securities Exchange Act Release No. 76198A (October 28, 2015), 80 FR
67822 (November 3, 2015).
---------------------------------------------------------------------------

    This filing is the fourth set of proposed rule changes to support
Pillar implementation. As proposed, the new rule governing trading on
Pillar would have the same numbering as the current rule, but with the
modifier ``P'' appended to the rule number. Specifically, Rule 7.35,
which governs auctions, would remain unchanged and continue to apply to
any trading in symbols on the current trading platform. Proposed Rule
7.35P would govern auctions for trading in symbols migrated to the
Pillar platform.

B. Proposed Modifications

    As stated in the Notice, the Exchange proposes new Rule 7.35P to
describe auctions on Pillar, which would be based on Rule 7.35 and
Rules 1.1(r) and (s).\12\ The Exchange states that auctions on Pillar
would function similarly to auctions on the current trading
platform.\13\ According to the Exchange, proposed Rule 7.35P would use
Pillar terminology and include both substantive and non-substantive
differences and clarifications from the current rule text.\14\ The
proposed changes that are more substantive in nature are noted in
Section III below and are discussed in the Notice.
---------------------------------------------------------------------------

    \12\ See Notice at 61513.
    \13\ See Notice at 61513-14.
    \14\ See Notice at 61514.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\15\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\16\ which requires, among
other things, that the rules of a national securities exchange be
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 and that the rules are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \15\ 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).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that, in the proposal, the Exchange states its
belief that proposed Rule 7.35P, together with rules from the three
previous Pillar filings, would remove impediments to and perfect the
mechanism of a free and open market because they would promote
transparency by using consistent terminology for rules governing
equities trading, thereby ensuring that members, regulators, and the
public can more easily navigate the Exchange's rulebook and better
understand how equity trading would be conducted on Pillar.\17\ The
Exchange also states that the proposed use of Pillar terminology would
promote consistency in the Exchange's rulebook regarding how the
Exchange would process orders during an auction.\18\ Moreover, the
Exchange states that adding new rules with the modifier ``P'' to denote
the rules that would be

operative for Pillar would remove impediments to and perfect the
mechanism of a free and open market by providing transparency regarding
which rules govern trading once a symbol has been migrated to
Pillar.\19\
---------------------------------------------------------------------------

    \17\ See Notice at 61525.
    \18\ See id.
    \19\ See id.
---------------------------------------------------------------------------

    The Commission also notes that, with respect to the substantive
differences between proposed Rule 7.35P and the current rules, the
Exchange states that they would remove impediments to and perfect the
mechanism of a fair and orderly market.\20\ In particular, the Exchange
proposes to make several changes that are more substantive in nature,
which include:
---------------------------------------------------------------------------

    \20\ See id.
---------------------------------------------------------------------------

Definitions
    Auction-Eligible Security: The Exchange proposes a new definition
for the term ``Auction-Eligible Security.'' \21\ According to the
Exchange, as with the current rule, all securities for which the
Exchange is the primary listing market would be Auction-Eligible
Securities.\22\ However, for Pillar, the Exchange would designate UTP
Securities \23\ that would be Auction-Eligible Securities for the Early
Open Auction, the Core Open Auction, and the Closing Auction.\24\
According to the Exchange, this approach would support the initiatives
of the Exchange, NYSE, and the NASDAQ Stock Market LLC (``Nasdaq'') to
increase resiliency by having auctions on Arca serve as a backup to
either NYSE or Nasdaq if one of those markets is unable to conduct an
auction.\25\
---------------------------------------------------------------------------

    \21\ See proposed Rule 7.35P(a)(1).
    \22\ See Notice at 61515.
    \23\ The term ``UTP Security'' means a security that is listed
on a national securities exchange other than the Exchange and that
trades on the NYSE Arca Marketplace pursuant to unlisted trading
privileges. See Rule 1.1(ii).
    \24\ See Notice at 61515. According to the Exchange, consistent
with Rule 7.18P(b), for the Trading Halt Auction, Auction-Eligible
Securities means securities for which Arca is the primary listing
market. See id.
    \25\ See id.
---------------------------------------------------------------------------

    Auction Imbalance Information: The Exchange proposes to define
``Auction Imbalance Information'' to mean the information that is
disseminated by the Corporation \26\ for an auction.\27\ As proposed,
Auction Imbalance Information would be updated at least every second
(unless there is no change to the information), rather than on a real-
time basis.\28\ According to the Exchange, by updating Auction
Imbalance Information on a one-second basis, ETP Holders that are
interested in entering offsetting interest during an Auction Imbalance
Freeze would have greater certainty of the Imbalance in effect at the
time of order entry.\29\
---------------------------------------------------------------------------

    \26\ The term ``Corporation'' means NYSE Arca Equities, Inc. See
Rule 1.1(k).
    \27\ See proposed Rule 7.35P(a)(4).
    \28\ See proposed Rule 7.35P(a)(4)(A).
    \29\ See Amendment No. 1.
---------------------------------------------------------------------------

    Auction NBBO: The Exchange proposes to define ``Auction NBBO'' to
mean an NBBO that is used for purposes of pricing an auction. As
proposed, an NBBO is an Auction NBBO when (i) there is an NBB above
zero and NBO for the security and (ii) the NBBO is not crossed.\30\ In
addition, for the Core Open Auction, an NBBO is an Auction NBBO when
the midpoint of the NBBO, when multiplied by a designated percentage,
is greater than or equal to the spread of that NBBO.\31\ According to
the Exchange, this approach would promote transparency regarding how
the Exchange determines pricing for its auctions.\32\ Moreover,
according to the Exchange, the proposed method for determining the
Auction NBBO for the Core Open Auction is designed to validate whether
an NBBO bears a relation to the value of the security.\33\
---------------------------------------------------------------------------

    \30\ See proposed Rule 7.35P(a)(5).
    \31\ See id. The designated percentage would be determined by
the Corporation from time to time upon prior notice to ETP Holders.
See id.
    \32\ See Notice at 61516 and 61526.
    \33\ See Notice at 61516.
---------------------------------------------------------------------------

    Auction Ranking: The Exchange proposes to define ``Auction
Ranking'' to mean how orders on the side of an Imbalance would be
ranked for allocation in an Auction. Specifically, orders on the side
of the Imbalance would be ranked in price-time priority under Rule
7.36P(c)-(g) consistent with the priority ranking associated with each
order, provided that: (i) MOO and MOC Orders would be ranked Priority
1--Market Orders; (ii) LOO and LOC Orders would be ranked Priority 2--
Display Orders; and (iii) the limit price of Limit, LOO, and LOC orders
would be used for ranking purposes.\34\ According to the Exchange, the
only order ranked Priority 3--Non-Display Orders that would be eligible
to participate in an auction would be the non-displayed quantity of a
Reserve Order.\35\ The Exchange states that the proposed approach would
promote transparency in Exchange rules by consolidating into a single
location how orders would be ranked for auctions.\36\ The Exchange also
states that using the same methodology to rank and allocate orders on
the side of the Imbalance for all auctions based on the priority
ranking described in Rule 7.36P would promote consistency in how the
Exchange would rank orders on Pillar, whether for continuous trading or
for auctions.\37\ In addition, during a Short Sale Period (as defined
in Rule 7.16P(f)(4)), for purposes of pricing an auction and ranking
orders for allocation in an auction, sell short Market Orders that are
adjusted to a Permitted Price (as defined in Rule 7.16P(f)(5)(A)) would
be processed as Limit Orders ranked Priority 2--Display Orders, and
would not be included in the Market Imbalance.\38\ The Exchange states
that, once adjusted to a Permitted Price, a sell short Market Order has
a price and such price could be used for purposes of determining the
price of the auction.\39\ As such, the Exchange believes that it is
appropriate to treat these re-priced Market Orders as Limit Orders for
purposes of determining allocation in an auction, and that this
approach would promote transparency by processing all orders that have
a price similarly in an auction.\40\
---------------------------------------------------------------------------

    \34\ See proposed Rule 7.35P(a)(6).
    \35\ See Notice at note 29.
    \36\ See Notice at 61526.
    \37\ See id.
    \38\ See proposed Rule 7.35P, Commentary .01(a). As proposed,
sell short orders that are included in the Auction Imbalance
Information, but are not eligible for continuous trading before the
applicable auction, would be adjusted to a Permitted Price as the
NBB moves both up and down. See proposed Rule 7.35P, Commentary
.01(b). The Exchange states that continuously re-pricing sell short
orders consistent with Rule 7.16P(f)(5), even though they are not
yet eligible to trade, would provide greater transparency regarding
the price at which such orders would be included in the Auction
Imbalance Information. See Notice at 61525 and Amendment No. 1.
    \39\ See Notice at 61525 and Amendment No. 1.
    \40\ See Notice at 61526.
---------------------------------------------------------------------------

    Market Orders: The Exchange proposes that, for purposes of Rule
7.35P, unless otherwise specified, the term ``Market Orders'' would
include MOO Orders (for the Core Open Auction and Trading Halt Auction)
and MOC Orders (for the Closing Auction).\41\ According to the
Exchange, consistent with Rule 7.31P(c)(2), the term ``Market Orders''
in proposed Rule 7.35P would include MOO Orders for the Trading Halt
Auction.\42\ Also, the Exchange states that because unexecuted Market
Orders that are held at a Trading Collar or NBBO would be eligible to
participate in the Closing Auction and would be included in Closing
Auction Imbalance Information, proposed Rule 7.35P would refer to
Market Orders generally for the Closing Auction, which would include
MOC Orders.\43\
---------------------------------------------------------------------------

    \41\ See proposed Rule 7.35P(a).
    \42\ See Notice at 61514-15.
    \43\ See Notice at 61515.
---------------------------------------------------------------------------

    Market Imbalance: As proposed, the term ``Market Imbalance'' would
mean the imbalance of any remaining buy (sell) Market Orders that are
not matched for trading in an auction against any interest, and not
just Market Orders not matched for trading against

other Market Orders.\44\ The Exchange states its belief that the
proposed approach would provide transparency regarding the volume of
Market Orders not paired up against any interest.\45\
---------------------------------------------------------------------------

    \44\ See proposed Rule 7.35P(a)(7)(B).
    \45\ See Notice at 61517.
---------------------------------------------------------------------------

    Indicative Match Price: As proposed, the term ``Indicative Match
Price'' would mean the best price at which the maximum volume of
shares, including the non-displayed quantity of Reserve Orders, is
tradable in the applicable auction, subject to the Auction Collars.\46\
If there are two or more prices at which the maximum volume of shares
is tradable, the Indicative Match Price would be the price closest to
the ``Auction Reference Price'' (provided that the Indicative Match
Price would not be lower (higher) than the price of an order to buy
(sell) ranked Priority 2 that was eligible to participate in the
auction).\47\ If the Matched Volume for an auction consists of Market
Orders only, the Indicative Match Price would be: (i) for the Core open
Auction, the Auction Reference Price; (ii) for the Closing Auction, the
midpoint of the Auction NBBO as of the time the auction is conducted,
provided that if the Auction NBBO is locked, the locked price, and if
there is no Auction NBBO, the Auction Reference Price; and (iii) for
the Trading Halt Auction, the Auction Reference Price.\48\ In addition,
if there is a BBO but no Matched Volume, the Indicative Match Price and
Total Imbalance for the Auction Imbalance Information would be the side
of the BBO that has the higher volume, and if the volume of BB equals
the volume of BO, the BB.\49\ As proposed, if there is no Matched
Volume and Market Orders on only one side of the market, the Indicative
Match Price would be zero.\50\
---------------------------------------------------------------------------

    \46\ See proposed Rule 7.35P(a)(8). As proposed, the Indicative
Match Price would be determined for all securities in the same
manner, regardless of whether the Exchange is the primary listing
market for a security or the security is a UTP Security. See Notice
at 61514. The Exchange states that this would promote clarity and
transparency in Exchange rules and streamline how auctions would be
processed. See Notice at 61526.
    \47\ See proposed Rule 7.35P(a)(8)(A). If there are two prices
at which the maximum volume of shares is tradable and both prices
are equidistant to the Auction Reference Price, the Indicative Match
Price would be the Auction Reference Price. See proposed Rule
7.35P(a)(8)(B).
    \48\ See proposed Rule 7.35P(a)(8)(C).
    \49\ See proposed Rule 7.35P(a)(8)(D). According to the
Exchange, while there would be no Matched Volume, the Indicative
Match Price would be a benchmark price that could attract more
interest for participation in the auction, thereby promoting price
discovery. See Notice at 61526.
    \50\ See proposed Rule 7.35P(a)(8)(E).
---------------------------------------------------------------------------

    Auction Reference Price: The Auction Reference Price for the Core
Open Auction would be the midpoint of an Auction NBBO or, if the
Auction NBBO is locked, the locked price. If there is no Auction NBBO,
the Exchange would use the prior trading day's Official Closing
Price.\51\ The Exchange states its belief that using the midpoint of
the Auction NBBO for the Core Open Auction would better reflect the
most recent value of the security, as compared to a closing price from
the prior trading day.\52\ The Auction Reference Price for the Trading
Halt Auction and the Closing Auction would be the last consolidated
round-lot price of that trading day and, if none, the prior trading
day's Official Closing Price.\53\ The Exchange states that the Auction
Reference Price for the Trading Halt Auction and the Closing Auction is
based on Rule 1.1(s), with additional specificity that it would be a
last consolidated round-lot price of that trading day, and to specify
the reference price if there were no last consolidated round-lot trades
that day.\54\ The Exchange states its belief that the last consolidated
round-lot price prior to a Trading Halt Auction would reflect the most
recent value for a security, and that the last consolidated round-lot
price would be representative of the value of the security going into
the Closing Auction.\55\ With respect to the IPO Auction, the Exchange
proposes that the Auction Reference Price would be zero, unless the
Corporation is provided with a price for the security.\56\ The Exchange
states that it proposes to use zero (unless the Corporation is provided
with a price for the security) because there would not be any prior
trading in that security.\57\
---------------------------------------------------------------------------

    \51\ See proposed Rule 7.35P(a)(8).
    \52\ See Amendment No. 1.
    \53\ See proposed Rule 7.35P(a)(8).
    \54\ See Notice at 61518.
    \55\ See Amendment No. 1.
    \56\ See proposed Rule 7.35P(a)(8).
    \57\ See Notice at 61518. As with the current rule, the Auction
Reference Price for the Early Open Auction would be the prior day's
Official Closing Price. See proposed Rule 7.35P(a)(8).
---------------------------------------------------------------------------

    Auction Collar: The Exchange proposes to define ``Auction Collar''
to mean the price collar thresholds for the Indicative Match Price for
the Core Open Auction and Closing Auction.\58\ As proposed, the Auction
Collar would be based on a price that is a specified percentage away
from the Auction Reference Price.\59\ An Indicative Match Price that is
equal to or outside the Auction Collar would be adjusted to be one
minimum price variation (``MPV'') inside the Auction Collar, and orders
eligible to participate in the applicable auction would trade at the
collared Indicative Match Price.\60\ According to the Exchange, if the
Auction Collars are based on the clearly erroneous execution thresholds
(which is currently the case for the Core Open Auction), pricing an
auction one MPV inside the Auction Collar would potentially prevent an
auction from being a clearly erroneous execution.\61\ Under the
proposal, the specified percentages for the Auction Collar would
be:\62\
---------------------------------------------------------------------------

    \58\ See proposed Rule 7.35P(a)(10) and Amendment No. 3.
    \59\ See proposed Rule 7.35P(a)(10)(A).
    \60\ See proposed Rule 7.35P(a)(10)(B).
    \61\ See Notice at 61526.
    \62\ See proposed Rule 7.35P(a)(10) and Amendment No. 3. These
thresholds are the same as the current price collar thresholds for
the Market Order Auction and the Closing Auction.

------------------------------------------------------------------------
                                             Core open        Closing
         Auction reference price            auction (%)     auction (%)
------------------------------------------------------------------------
$25.00 or less..........................              10               5
Greater than $25.00 but less than or                   5               2
 equal to $50.00........................
Greater than $50.00.....................               3               1
------------------------------------------------------------------------

Early Open Auction
    Similar to the Core Open Auction, the non-displayed quantity of
Reserve Orders eligible to participate in the Early Open Auction would
not be included in the Matched Volume or Total Imbalance until the
Early Open Auction Imbalance Freeze begins.\63\
---------------------------------------------------------------------------

    \63\ See proposed Rule 7.35P(b)(1) and discussion below
regarding the Core Open Auction.
---------------------------------------------------------------------------

    There would not be any order entry or cancellation restrictions
during the one-minute Auction Imbalance Freeze before the Early Open
Auction. According to the Exchange, there is not any trading occurring
before the Early Open Auction, and therefore the risk to manipulate
market prices before the Early Open Auction is minimal.\64\ The
Exchange also notes that, because an

Early Open Auction would occur at 4:00 a.m. Eastern Time, which is well
before regular market hours, the Exchange generally does not receive
sufficient buying and selling interest to warrant conducting such an
auction in the vast majority of Exchange-listed securities.\65\ The
Exchange notes that, because it generally conducts an Early Open
Auction in fewer than 20 securities on a given trading day, the need
for order entry or cancellation restrictions in advance of such
auctions is abated.\66\
---------------------------------------------------------------------------

    \64\ See Notice at 61526.
    \65\ See Amendment No. 1.
    \66\ See id.
---------------------------------------------------------------------------

Core Open Auction
    As proposed, the non-displayed quantity of Reserve Orders eligible
to participate in the Core Open Auction would not be included in the
Matched Volume, Total Imbalance, or Market Imbalance until the Core
Open Auction Imbalance Freeze begins.\67\ The Exchange states its
belief that it is appropriate to exclude the volume of the non-
displayed portion of Reserve Orders until the Core Open Auction
Imbalance Freeze begins because it reduces the potential for market
participants to identify the volume of interest that is intended to be
non-displayed.\68\ The Exchange also states its belief that it is
appropriate to include this information once the Core Open Auction
Imbalance Freeze begins so that market participants can have greater
certainty of the full size of the Imbalance in order to assess whether
to enter offsetting interest and to promote transparency regarding the
pricing of an auction.\69\
---------------------------------------------------------------------------

    \67\ See proposed Rule 7.35P(c)(1).
    \68\ See Amendment No. 1. According to the Exchange, the
Indicative Match Price would include the volume of the non-displayed
portion of Reserve Orders at all times because that data point only
provides pricing information, and not volume of shares eligible to
trade. See id.
    \69\ See Amendment No. 3. Also, according to the Exchange,
because the proposed rule would specify that reserve interest would
be included in specified Auction Imbalance Information, ETP Holders
that enter these orders would be on notice that certain information
about the reserve quantity of their orders would be included in the
information provided in advance of an auction. See id.
---------------------------------------------------------------------------

    As proposed, the Core Open Auction Imbalance Freeze would be five
seconds, instead of one minute.\70\ According to the Exchange, this
shorter Freeze period would provide additional time for market
participants to enter orders for the Core Open Auction without
restriction, thereby promoting price discovery for the auction.\71\ The
Exchange also states its belief that, with today's faster technology,
five seconds provides sufficient time for industry participants to
respond to a published Imbalance and enter offsetting interest, if
applicable.\72\
---------------------------------------------------------------------------

    \70\ See proposed Rule 7.35P(c)(3). However, similar to the
current rule, the Exchange would reject requests to cancel and
requests to cancel and replace MOO and LOO Orders beginning one
minute before the scheduled time for the Core Open Auction. See
proposed Rule 7.35P(c)(2).
    \71\ See Notice at 61521 and 61526.
    \72\ See Amendment No. 1.
---------------------------------------------------------------------------

    Under the proposal, because of the shorter Freeze period, MOO and
LOO Orders entered during the Freeze would be rejected regardless of
side.\73\ The Exchange states its belief that rejecting all MOO and LOO
Orders would remove the potential for such orders to impact the
Imbalance.\74\ As proposed, during the Freeze, the Exchange would
accept Market Orders (other than MOO Orders) and Limit Orders
designated for the Core Trading Session on both sides of the market,
but such orders would be eligible to participate in the auction only to
offset the Imbalance that remains after all orders entered before the
Freeze are allocated in the Core Open Auction.\75\ The Exchange states
that this approach would eliminate the possibility for these orders to
create or increase an Imbalance.\76\ The Exchange also states that it
proposes to process Market Orders (other than MOO Orders) and Limit
Orders differently from MOO and LOO Orders because Market Orders (other
than MOO Orders) and Limit Orders would not expire at the end of the
auction.\77\ Therefore, rather than rejecting these orders upon entry,
they would be accepted and would be eligible to be offsetting interest
for the auction.\78\ If these orders do not participate in the Core
Open Auction, they would become eligible to participate in the Core
Trading Session.\79\ As proposed, during the Freeze, requests to cancel
and requests to cancel and replace Market Orders (other than MOO
Orders) and Limit Orders designated for the Core Trading Session only
would be accepted but would not be processed until after the Core Open
Auction concludes.\80\ All other order instructions would be accepted
during the Freeze.\81\
---------------------------------------------------------------------------

    \73\ See proposed Rule 7.35P(c)(3)(A).
    \74\ See Notice at 61526.
    \75\ See proposed Rule 7.35P(c)(3)(B).
    \76\ See Notice at 61526.
    \77\ See Notice at 61521.
    \78\ See id.
    \79\ See id.
    \80\ See proposed Rule 7.35P(c)(3)(C).
    \81\ See proposed Rule 7.35P(c)(3)(D).
---------------------------------------------------------------------------

Closing Auction
    As with the Core Open Auction, the non-displayed quantity of
Reserve Orders eligible to participate in the Closing Auction would not
be included in the Matched Volume, Total Imbalance, or Market Imbalance
until the Closing Auction Imbalance Freeze begins.\82\
---------------------------------------------------------------------------

    \82\ See proposed Rule 7.35P(d)(1).
---------------------------------------------------------------------------

    As proposed, the Exchange would conduct a Closing Auction in Pillar
even if there are only Market Orders eligible to participate in the
Closing Auction.\83\ According to the Exchange, this proposal would
increase the potential for market participants that have entered MOC
Orders to receive an execution in an auction that is priced based on
the prevailing value of the security.\84\
---------------------------------------------------------------------------

    \83\ See discussion above regarding the determination of
Indicative Match Price where the Matched Volume for an auction
consists of Market Orders only.
    \84\ See Notice at 61526. The Exchange states that the midpoint
of the Auction NBBO in effect as of the scheduled time of the
Closing Auction as bound by Auction Collars that would be based on
the last consolidated round-lot price of that trading day would
reflect the most recent quoting activity and price in a stock. See
Amendment No. 3. In addition, the Exchange states that pricing an
auction with only Market Orders on both sides of the market based on
the midpoint of an uncrossed NBBO is not novel. See id.
---------------------------------------------------------------------------

Trading Halt Auction
    As proposed, a Trading Halt Auction would be conducted to re-open
trading in an Auction-Eligible Security following a halt or pause of
trading in that security in the Early Trading Session, Core Trading
Session, or Late Trading Session, as applicable.\85\ As proposed,
during a trading halt or pause in an Auction-Eligible Security, entry
and cancellation of orders eligible to participate in the Trading Halt
Auction would be processed as provided for in Rule 7.18P(c).\86\
---------------------------------------------------------------------------

    \85\ See proposed Rule 7.35P(e).
    \86\ See proposed Rule 7.35P(e)(3).
---------------------------------------------------------------------------

    Under current Rule 7.35(f)(3)(C), the Corporation, if it deems such
action necessary, will disseminate the time, prior to the time that
orders are matched pursuant to the Trading Halt Auction, at which
orders may no longer be cancelled. The Exchange states that, on the
current trading platform, it has not invoked this authority, and it
proposes to not include it in the Pillar rules.\87\
---------------------------------------------------------------------------

    \87\ See Amendment No. 1.
---------------------------------------------------------------------------

IPO Auction
    As proposed, an IPO Auction would be conducted during the Core
Trading Session on the first day of trading for any security, including
a Derivative Securities Product,\88\ for which Arca is

the primary listing market, excluding transfers.\89\ As proposed, an
IPO Auction would follow the processing rules of a Core Open Auction,
provided that NYSE Arca Marketplace would specify the time that an IPO
Auction would be conducted.\90\ Also, there would be no Auction
Imbalance Freeze, Auction Collars, or restrictions on the entry or
cancellation of orders for an IPO Auction.\91\ According to the
Exchange, because an IPO Auction would not be set at a specific time,
nor would there be any trading in the security before the IPO Auction,
the Exchange does not believe that an Auction Imbalance Freeze or
Auction Collars would assist in the price discovery process or would be
necessary to prevent fraudulent and manipulative acts and
practices.\92\ Moreover, according to the Exchange, because the time of
an IPO Auction may change, the Exchange does not believe that there
needs to be any restrictions on the entry or cancellation of orders
before an IPO Auction.\93\ The Exchange states that if there is an
Imbalance going into an IPO Auction, the Exchange could extend the time
for the IPO Auction in order to attract additional offsetting interest
or allow ETP Holders to cancel orders that are on the side of the
Imbalance.\94\ Finally, an IPO Auction would not be conducted if there
are only Market Orders on both sides of the market.\95\ According to
the Exchange, if there are only Market Orders on both sides of the
market, the Exchange has the flexibility to change the time in order to
attract more interest for the auction.\96\
---------------------------------------------------------------------------

    \88\ The Exchange notes that although the first day of trading
of a Derivative Securities Product may not technically be an initial
public offering, it proposes to use the term IPO as signifying that
this would be the auction on the first day of trading of a new
listing on the Exchange. See Notice at 61523.
    \89\ See proposed Rule 7.35P(f).
    \90\ See proposed Rule 7.35P(f)(1).
    \91\ See proposed Rule 7.35P(f)(2).
    \92\ See Notice at 61523.
    \93\ See id.
    \94\ See Amendment No. 1.
    \95\ See proposed Rule 7.35P(f)(3).
    \96\ See Notice at 61523-24.
---------------------------------------------------------------------------

Auction Processing Period
    As proposed, new orders, requests to cancel, and requests to cancel
and replace an order that are received during the Auction Processing
Period \97\ would be accepted but would not be processed until after
the auction concludes.\98\ The Exchange states its belief that it is
appropriate to wait to process such new order instructions until after
the auction processing concludes in order to provide certainty
regarding the timing and pricing of an auction.\99\ Moreover, as
proposed, a request to cancel and replace an order that was entered
during the Auction Processing Period for an order that was also entered
during the Auction Processing Period would be rejected.\100\
---------------------------------------------------------------------------

    \97\ The Exchange proposes to define ``Auction Processing
Period'' to mean the period during which the applicable auction is
being processed. See proposed Rule 7.35P(a)(2).
    \98\ See proposed Rule 7.35P(g).
    \99\ See Amendment No. 1.
    \100\ See proposed Rule 7.35P(g).
---------------------------------------------------------------------------

Transition to Continuous Trading
    As proposed, after auction processing concludes, including if there
is no Matched Volume and an auction is not conducted, or when
transitioning from one trading session to another, orders that are no
longer eligible to trade would expire.\101\ Orders that are designated
for a trading session and that were received during a prior trading
session or during the Auction Processing Period and that did not
participate in the auction would become eligible to trade.\102\ Also,
before continuous trading following a prior trading session or an
auction begins, any order instructions received during either the
Auction Imbalance Freeze or Auction Processing Period that were not
processed would be processed.\103\ The display price and working price
of orders would be adjusted based on the PBBO or NBBO as provided in
Rule 7.31P.\104\ Moreover, when transitioning to continuous trading,
the display price and working price of Day ISOs would be adjusted in
the same manner as Arca Only Orders until the Day ISO is either traded
in full or displayed at its limit price.\105\
---------------------------------------------------------------------------

    \101\ See proposed Rule 7.35P(h)(1) and Amendment No. 1.
    \102\ See proposed Rule 7.35P(h)(2) and Amendment No. 1.
    \103\ See proposed Rule 7.35P(h)(3)(A) and Amendment No. 1.
    \104\ See proposed Rule 7.35P(h)(3)(B) and Amendment No. 1.
    \105\ See proposed Rule 7.35P(h)(3)(B) and Amendment No. 1. The
Exchange states its belief that this proposed treatment of Day ISO
orders would be consistent with the original terms of the order. See
Amendment No. 1.
---------------------------------------------------------------------------

    As proposed, if orders eligible to trade in the next trading
session are marketable, such orders would trade and/or route based on
price-time priority of individual orders, as provided in Rule
7.37P.\106\ According to the Exchange, if such orders are marketable,
they would trade or route, as applicable, rather than publishing a
locked or crossed quote from the NYSE Arca Book.\107\ After marketable
orders have traded or routed, the NYSE Arca Marketplace would publish a
quote for the next trading session.\108\
---------------------------------------------------------------------------

    \106\ See proposed Rule 7.35(h)(3)(C) and Amendment No. 1.
    \107\ See Amendment No. 1.
    \108\ See proposed Rule 7.35(h)(3)(D).
---------------------------------------------------------------------------

    Based on the Exchange's representations, the Commission believes
that the proposed rule change does not raise any novel regulatory
considerations and should provide greater specificity with respect to
the functionality available on the Exchange as symbols are migrated to
the Pillar platform. For these reasons, the Commission believes that
the proposal should help prevent fraudulent and manipulative acts and
practices, promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, protect investors and the
public interest.

IV. Accelerated Approval of Amendment Nos. 1 and 3

    As noted above, in Amendment No. 1, the Exchange: (i) Amends
proposed Rule 7.35P(h) to provide that the rule would address how
orders would be handled not only in the transition to continuous
trading following an auction, but also when transitioning from one
trading session to the next trading session; (ii) amends proposed Rule
7.35P(h)(3)(B) to provide that, before continuous trading following a
prior trading session or an auction begins, the display price and
working price of orders would be adjusted as provided for in Rule
7.31P, and that when transitioning to continuous trading, the display
price and working price of Day ISOs would be adjusted in the same
manner as Arca Only Orders until the Day ISO is either traded in full
or displayed at its limit price; and (iii) provides additional
discussions related to certain proposed rules. In addition, in
Amendment No. 3, the Exchange: (i) Specifies the percentages for the
Auction Collar thresholds; (ii) removes the reference to the Trading
Halt Auction in the definition of Auction Collar; (iii) states that the
Exchange would provide prior notice to ETP Holders if additional UTP
Securities are to be designated as Auction-Eligible Securities; (iv)
includes cross-references to Rule 7.16P in Commentary .01 to proposed
Rule 7.35P to clarify where certain terms are defined; and (v) provides
additional discussions related to certain proposed rules. The
Commission believes that the changes proposed in Amendment Nos. 1 and 3
do not raise novel regulatory issues and provide further discussions
regarding the proposed rules governing Pillar. Accordingly, the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\109\ to approve the proposed

rule change, as modified by Amendment Nos. 1 and 3, on an accelerated
basis.
---------------------------------------------------------------------------

    \109\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Solicitation of Comments on Amendment Nos. 1 and 3

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment Nos. 1
and 3 are 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-NYSEArca-2015-86 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2015-86. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2015-86 and should
be submitted on or before February 5, 2016.

VI. Conclusion

    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the
Act,\110\ that the proposed rule change (SR-NYSEArca-2015-86), as
modified by Amendment Nos. 1 and 3, be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \110\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\111\
---------------------------------------------------------------------------

    \111\ 17 CFR 200.30-3(a)(12).

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00645 Filed 1-14-16; 8:45 am]
BILLING CODE 8011-01-P