market, that likely no more than six security-based swap clearing
agencies could be subject to the requirements of proposed Rule 701.
---------------------------------------------------------------------------

    \246\ See CDS Clearing Exemptions, supra note 17.
---------------------------------------------------------------------------

    For purposes of Commission rulemaking in connection with the RFA,
an issuer or person, other than an investment company, is a small
business if its total assets on the last day of its most recent fiscal
year were $5 million or less.\247\ The Commission believes that the
entities likely to register as security-based swap clearing agencies
will not be small entities, but rather part of large business entities
that have assets in excess of $5 million and total capital in excess of
$500,000.\248\
---------------------------------------------------------------------------

    \247\ 17 CFR 230.157. See also 17 CFR 240.0-10(a).
    \248\ Commission staff based this determination on its review of
various public sources of financial information about the current
registered clearing agencies and entities currently exempt from
clearing agency registration under Section 17A of the Exchange Act.
---------------------------------------------------------------------------

B. SB SEFs

    Proposed Rule 702 under Regulation MC would apply to all SB SEFs.
In the Dodd-Frank Act, Congress defined for the first time what
activity would constitute a SB SEF and mandated the registration of
these new facilities. The Commission preliminarily believes that
approximately 10 to 20 SB SEFs could be subject to the requirements of
proposed Rule 702.
    For purposes of Commission rulemaking in connection with the RFA,
an issuer or person, other than an investment company, is a small
business if its total assets on the last day of its most recent fiscal
year were $5 million or less.\249\ The Commission preliminarily
believes that the entities likely to register as SB SEFs will not be
considered small entities because most, if not all, of the SB SEFs will
be part of large business entities, and that all SB SEFs will have
assets in excess of $5 million.\250\
---------------------------------------------------------------------------

    \249\ 17 CFR 230.157. See also 17 CFR 240.0-10(a).
    \250\ Commission staff based this determination on its review of
various public sources of financial information about the entities
likely to register as SB SEFs.
---------------------------------------------------------------------------

C. SBS Exchanges

    Proposed Rule 702 under Regulation MC would apply to all SBS
exchanges. All of the 15 currently registered national securities
exchanges could become SBS exchanges, and therefore, subject to the
requirements of Rule 702.\251\
---------------------------------------------------------------------------

    \251\ See supra note 194.
---------------------------------------------------------------------------

    For purposes of Commission rulemaking in connection with the RFA, a
national securities exchange is a small business if it has been
exempted from the reporting requirements of Rule 601 of Regulation NMS
\252\ (Dissemination of Transaction Reports and Last Sale Data with
Respect to Transactions in NMS Stocks) and is not affiliated with any
person (other than a natural person) that is not a ``small business.''
\253\ None of the currently registered national securities exchanges is
a small entity. Therefore, the Commission preliminarily believes that
none of the SBS exchanges will be considered small entities.
---------------------------------------------------------------------------

    \252\ 17 CFR 242.601.
    \253\ 17 CFR 240.0-10(e).
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D. Certification

    For the reasons stated above, the Commission certifies that the
proposed rules under Regulation MC would not have a significant
economic impact on a substantial number of small entities. The
Commission requests comments regarding this certification. The
Commission requests that commenters describe the nature of any impact
on small entities, including national securities exchanges, clearing
agencies or other small businesses or small organizations that may
register as SB SEFs, SBS exchanges or security-based swap clearing
agencies, and provide empirical data to support the extent of the
impact.

XIV. Statutory Basis and Rule Text

    Pursuant to the Exchange Act, 15 U.S.C. 78a et seq., and
particularly, Sections 3, 3D, 6, 11A, 17A, 19, and 23(a) thereof, and
Section 765 of the Dodd-Frank Act, the Commission is proposing to adopt
Regulation MC under the Exchange Act.

List of Subjects in 17 CFR Part 242

    Reporting and recordkeeping requirements, Securities.

Text of Proposed Rule Amendments

    For the reasons stated in the preamble, the Commission is proposing
to amend Title 17, Chapter II of the Code of the Federal Regulations as
follows:

PART 242--REGULATIONS M, SHO, ATS, AC, NMS, AND MC AND CUSTOMER
MARGIN REQUIREMENTS FOR SECURITY FUTURES

    1. The authority citation for part 242 is amended by adding
authorities for Sections 242.700, 242.701 and 242.702 to read as
follows:

    Authority: 15 U.S.C. 77g, 77q(a), 77s(a), 78b, 78c, 78f,
78g(c)(2), 78i(a), 78j, 78k-1(c), 78l, 78m, 78n, 78o(b), 78o(c),
78o(g), 78q-1, 78q(a), 78q(h), 78w(a), 78dd-1, 78mm, 80a-23, 80a-29,
and 80a-37.
* * * * *
    Section 242.700 is also issued under sec. 943, Public Law 111-
203, Section 765.
    Section 242.701 is also issued under sec. 943, Public Law 111-
203, Section 765.
    Section 242.702 is also issued under sec. 943, Public Law 111-
203, Sections 763 and 765.

    2. The part heading for part 242 is revised to read as set forth
above.
    3. Sections 242.700, 242.701 and 242.702 are added to read as
follows:

Sec.  242.700  Definitions.

    (a) The term affiliate means any person that, directly or
indirectly, controls, is controlled by, or is under common control
with, the person.
    (b) The terms beneficial ownership, beneficially owns or any
derivative thereof shall have the same meaning, with respect to any
security or other ownership interest, as set forth in Sec.  240.13d-3,
as if (and whether or not) such security or other ownership interest
were a voting equity security registered under section 12 of the
Exchange Act (15 U.S.C. 78l); provided that to the extent any person
beneficially owns any security or other ownership interest solely
because such person is a member of a group within the meaning of
section 13(d)(3) of the Exchange Act (15 U.S.C. 78m(d)(3)), such person
shall not be deemed to beneficially own such security or other
ownership interest for purposes of this section, unless such person has
the power to direct the vote of such security or other ownership
interest.
    (c) The term Board means the Board of Directors or Board of
Governors of the security-based swap execution facility or national
securities exchange or facility thereof that posts or makes available
for trading security-based swaps, or security-based swap clearing
agency, as applicable, or any equivalent body.
    (d) The term clearing agency has the same meaning as set forth in
section 3(a)(23) of the Exchange Act (15 U.S.C. 78c(a)(23)).
    (e) The term control means the possession, direct or indirect, of
the

power to direct or cause the direction of the management and policies
of a person, whether through the ownership of voting securities, by
contract, or otherwise. A person is presumed to control another person
if the person:
    (1) Is a director, general partner or officer exercising executive
responsibility (or having similar status or functions);
    (2) Directly or indirectly has the right to vote 25 percent or more
of a class of voting securities or has the power to sell or direct the
sale of 25 percent or more of a class of voting securities; or
    (3) In the case of a partnership, has the right to receive, upon
dissolution, or has contributed, 25 percent or more of the capital.
    (f) The term director means any member of the Board.
    (g) The term Exchange Act means the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    (h) The term facility has the same meaning as set forth in section
3(a)(2) of the Exchange Act (15 U.S.C. 78c(a)(2)).
    (i) The term immediate family member means a person's spouse,
parents, children and siblings, whether by blood, marriage or adoption,
or anyone residing in such person's home.
    (j) The term independent director means:
    (1) A director who has no material relationship with:
    (i) The security-based swap execution facility or national
securities exchange or facility thereof that posts or makes available
for trading security-based swaps, or security-based swap clearing
agency, as applicable;
    (ii) Any affiliate of the security-based swap execution facility or
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps, or security-based swap
clearing agency, as applicable;
    (iii) A security-based swap execution facility participant, a
member of a national securities exchange that posts or makes available
for trading security-based swaps, or a participant in the security-
based swap clearing agency, as applicable; or
    (iv) Any affiliate of a security-based swap execution facility
participant, a member of a national securities exchange that posts or
makes available for trading security-based swaps, or a participant in
the security-based swap clearing agency, as applicable.
    (2) A director is not an independent director if any of the
following circumstances exists:
    (i) The director, or an immediate family member, is employed by or
otherwise has a material relationship with the security-based swap
execution facility or national securities exchange or facility thereof
that posts or makes available for trading security-based swaps, or
security-based swap clearing agency, as applicable, or any affiliate
thereof, or within the past three years was employed by or otherwise
had a material relationship with the security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes available for trading security-based swaps, or security-based
swap clearing agency, as applicable, or any affiliate thereof;
    (ii) (A) The director is a security-based swap execution facility
participant, a member of a national securities exchange that posts or
makes available for trading security-based swaps, or a participant in
the security-based swap clearing agency, as applicable, or within the
past three years was employed by or affiliated with such participant or
member or any affiliate thereof; or
    (B) The director has an immediate family member that is, or within
the past three years was, an executive officer of a security-based swap
execution facility participant, a member of a national securities
exchange that posts or makes available for trading security-based
swaps, or a participant in the security-based swap clearing agency, as
applicable, or any affiliate thereof;
    (iii) The director, or an immediate family member, has received
during any twelve month period within the past three years payments
that reasonably could affect the independent judgment or decision-
making of the director from the security-based swap execution facility
or national securities exchange or facility thereof that posts or makes
available for trading security-based swaps, or security-based swap
clearing agency, as applicable, or any affiliate thereof or from a
security-based swap execution facility participant, a member of a
national securities exchange that posts or makes available for trading
security-based swaps, or a participant in the security-based swap
clearing agency, as applicable, or any affiliate thereof, other than
the following:
    (A) Compensation for Board or Board committee services;
    (B) Compensation to an immediate family member who is not an
executive officer of the security-based swap execution facility or
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps, or security-based swap
clearing agency, as applicable, or any affiliate thereof or of a
security-based swap execution facility participant, a member of a
national securities exchange that posts or makes available for trading
security-based swaps, or a participant in the security-based swap
clearing agency, as applicable, or any affiliate thereof; or
    (C) Pension and other forms of deferred compensation for prior
services, not contingent on continued service.
    (iv) The director, or an immediate family member, is a partner in,
or controlling shareholder or executive officer of, any organization to
or from which the security-based swap execution facility or national
securities exchange or facility thereof that posts or makes available
for trading security-based swaps, or security-based swap clearing
agency, as applicable, or any affiliate thereof made or received
payments for property or services in the current or any of the past
three full fiscal years that exceed two percent of the recipient's
consolidated gross revenues for that year, other than the following:
    (A) Payments arising solely from investments in the securities of
the security-based swap execution facility or national securities
exchange or facility thereof that posts or makes available for trading
security-based swaps, or security-based swap clearing agency, as
applicable, or affiliate thereof; or
    (B) Payments under non-discretionary charitable contribution
matching programs.
    (v) The director, or an immediate family member, is, or within the
past three years was, employed as an executive officer of another
entity where any executive officers of the security-based swap
execution facility or national securities exchange or facility thereof
that posts or makes available for trading security-based swaps, or
security-based swap clearing agency, as applicable, serve on that
entity's compensation committee;
    (vi) The director, or an immediate family member, is a current
partner of the outside auditor of the security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes available for trading security-based swaps, or security-based
swap clearing agency, as applicable, or any affiliate thereof, or was a
partner or employee of the outside auditor of security-based swap
execution facility or national securities exchange or facility thereof
that posts or makes available for trading security-based swaps, or
security-based swap clearing agency, as applicable, or any affiliate
thereof who worked on the audit of the security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes

available for trading security-based swaps, or security-based swap
clearing agency, as applicable, or any affiliate thereof, at any time
within the past three years; or
    (vii) In the case of a director that is a member of the audit
committee, such director (other than in his or her capacity as a member
of the audit committee, the Board, or any other Board committee),
accepts, directly or indirectly, any consulting, advisory, or other
compensatory fee from the security-based swap execution facility or
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps, or security-based swap
clearing agency, as applicable, or any affiliate thereof or a security-
based swap execution facility participant, a member of a national
securities exchange that posts or makes available for trading security-
based swaps, or a participant in the security-based swap clearing
agency, as applicable, or any affiliate thereof, other than fixed
amounts of pension and other forms of deferred compensation for prior
service, provided such compensation is not contingent in any way on
continued service.
    (k) The term major security-based swap participant has the same
meaning as set forth in section 3(a)(65) of the Exchange Act (15 U.S.C.
78c(a)(65)) or any rules or regulations thereunder.
    (l) The term material relationship means a relationship, whether
compensatory or otherwise, that reasonably could affect the independent
judgment or decision-making of the director.
    (m) The term member has the same meaning as set forth in section
3(a)(3) of the Exchange Act (15 U.S.C. 78c(a)(30)).
    (n) The term national securities exchange means any exchange
registered pursuant to section 6 of the Exchange Act (15 U.S.C. 78f).
    (o) The term participant when used with respect to a clearing
agency has the same meaning set forth in section 3(a)(24) of the
Exchange Act (15 U.S.C 78c(a)).
    (p) The term person has the same meaning as set forth in section
3(a)(9) of the Exchange Act (15 U.S.C. 78c(a)(9)).
    (q) The term person associated with a member has the same meaning
as set forth in section 3(a)(21) of the Exchange Act (15 U.S.C.
78c(a)(21)).
    (r) The term person associated with a participant in a security-
based swap clearing agency means:
    (1) Any partner, officer, director, or branch manager of such
security-based swap dealer or major security-based swap participant (or
any person occupying a similar status or performing similar functions);
    (2) Any person directly or indirectly controlling, controlled by,
or under common control with such security-based swap dealer or major
security-based swap participant; or
    (3) Any employee of such security-based swap dealer or major
security-based swap participant. This term does not include any person
associated with a participant in a security-based swap clearing agency
whose functions are solely clerical or ministerial.
    (s) The term person associated with a security-based swap dealer or
major security-based swap participant has the same meaning as set forth
in section 3(a)(70) of the Exchange Act (15 U.S.C. 78c(a)(70)) or any
rules or regulations thereunder.
    (t) The term person associated with a security-based swap execution
facility participant means any partner, officer, director, or branch
manager of such security-based swap execution facility participant (or
any person occupying a similar status or performing similar functions),
any person directly or indirectly controlling, controlled by, or under
common control with such security-based swap execution facility
participant, or any employee of such security-based swap execution
facility participant.
    (u) The term related person means:
    (1) When used with respect to a security-based swap clearing
agency:
    (i) Any affiliate of a security-based swap clearing agency
participant;
    (ii) Any person associated with a security-based swap clearing
participant;
    (iii) Any immediate family member of a security-based swap clearing
agency participant that is a natural person or any immediate family
member of the spouse of such person, who, in each case, has the same
home as the security-based swap clearing agency participant or who is a
director or officer of the security-based swap clearing agency or any
of its parents or subsidiaries; or
    (iv) Any immediate family member of a person associated with a
security-based swap clearing agency participant that is a natural
person or any immediate family member of the spouse of such person,
who, in each case, has the same home as the person associated with the
security-based swap clearing agency participant or who is a director or
officer of the security-based swap clearing agency or any of its
parents or subsidiaries;
    (2) When used with respect to a security-based swap execution
facility:
    (i) Any affiliate of a security-based swap execution facility
participant;
    (ii) Any person associated with a security-based swap execution
facility participant;
    (iii) Any immediate family member of a security-based swap
execution facility participant or any immediate family member of the
spouse of such person, who, in each case, has the same home as the
security-based swap execution facility participant or who is a director
or officer of the security-based swap execution facility or any of its
parents or subsidiaries; or
    (iv) Any immediate family member of a person associated with a
security-based swap execution facility participant or any immediate
family member of the spouse of such person, who, in each case, has the
same home as the person associated with the security-based swap
execution facility participant or who is a director or officer of the
security-based swap execution facility or any of its parents or
subsidiaries; and
    (3) When used with respect to a national securities exchange or
facility thereof that posts or makes available for trading security-
based swaps:
    (i) Any affiliate of a member of the national securities exchange
that posts or makes available for trading security-based swaps;
    (ii) Any person associated with a member of the national securities
exchange that posts or makes available for trading security-based
swaps;
    (iii) Any immediate family member of a member of the national
securities exchange that posts or makes available for trading security-
based swaps or any immediate family member of the spouse of such
person, who, in each case, has the same home as the member of the
national securities exchange that posts or makes available for trading
security-based swaps or who is a director or officer of the national
securities exchange or facility thereof that posts or makes available
for trading security-based swaps, or any of its parents or
subsidiaries; or
    (iv) Any immediate family member of a person associated a member of
the national securities exchange that posts or makes available for
trading security-based swaps or any immediate family member of the
spouse of such person, who, in each case, has the same home as the
person associated with the national securities exchange that posts or
makes available for trading security-based swaps or who is a director
or officer of the national securities exchange or facility thereof that
posts or makes available for trading security-based swaps or any of its
parents or subsidiaries.

    (v) The term security-based swap has the same meaning as set forth
in section 3(a)(68) of the Exchange Act (15 U.S.C. 78c(a)(68)) or any
rules or regulations thereunder.
    (w) The term security-based swap dealer has the same meaning as set
forth in section 3(a)(71) of the Exchange Act (15 U.S.C. 78c(a)(71)) or
any rules or regulations thereunder.
    (x) The term security-based swap clearing agency means a clearing
agency that clears security-based swaps.
    (y) The term security-based swap execution facility has the same
meaning as set forth in section 3(a)(77) of the Exchange Act (15 U.S.C.
78c(a)(77)) or any rules or regulations thereunder.
    (z) The term security-based swap execution facility participant
means a person permitted to directly effect transactions on the
security-based swap execution facility.

Sec.  242.701  Mitigation of conflicts of interest of security-based
swap clearing agencies.

    Each security-based swap clearing agency must comply with the
provisions of either paragraphs (a) or (b) this section, and must have
the capacity to carry out the purposes of paragraphs (a) or (b) of this
section, respectively.
    (a)(1) Limits on voting interest. A security-based swap clearing
agency shall not permit any security-based swap clearing agency
participant, either alone or together with its related persons, to:
    (i) Beneficially own, directly or indirectly, any interest in the
security-based swap clearing agency that exceeds 20 percent of any
class of securities, or other ownership interest, entitled to vote of
such security-based swap clearing agency;
    (ii) Directly or indirectly vote, cause the voting of, or give any
consent or proxy with respect to the voting of, any interest in the
security-based swap clearing agency that exceeds 20 percent of the
voting power of any class of securities or other ownership interest of
such security-based swap clearing agency;
    (iii) In the aggregate with any other security-based swap clearing
agency participants and their related persons, beneficially own,
directly or indirectly, any interest in the security-based swap
clearing agency that exceeds 40 percent of any class of securities, or
other ownership interest, entitled to vote of such security-based swap
clearing agency; or
    (iv) In the aggregate with any other security-based swap clearing
agency participants and their related persons, directly or indirectly
vote, cause the voting of, or give any consent or proxy with respect to
the voting of, any interest in the security-based swap clearing agency
that exceeds 40 percent of the voting power of any class of securities
or other ownership interest of such security-based swap clearing
agency.
    (2) Divestiture. (i) The rules of the security-based swap clearing
agency must provide an effective mechanism to divest any participant of
any voting interest owned in excess of the limitation in paragraph
(a)(1) of this section.
    (ii) The rules of the security-based swap clearing agency must be
reasonably designed not to give effect to the portion of any voting
interest held by one or more participants in excess of the limitations
in paragraph (a)(1) of this section.
    (iii) The rules of the security-based swap clearing agency must
provide an effective mechanism for it to obtain information relating to
voting interests in the security-based swap clearing agency by any
participant in the security-based swap clearing agency and its related
persons.
    (3) Board. (i) The Board of each security-based swap clearing
agency must be composed of at least 35 percent independent directors.
    (ii) No director may qualify as an independent director unless the
Board affirmatively determines that the director does not have a
material relationship with the security-based swap clearing agency or
any affiliate of the security-based swap clearing agency, or a
participant in the security-based swap clearing agency, or any
affiliate of a participant in the security-based swap clearing agency.
    (iii) The security-based swap clearing agency must establish
policies and procedures to require each director, on his or her own
initiative or upon request of the security-based swap clearing agency,
to inform the security-based swap clearing agency of the existence of
any relationship or interest that may reasonably be considered to bear
on whether such director is an independent director.
    (4) Nominating committee. (i) A Board of any security-based swap
clearing agency shall establish a nominating committee composed of a
majority of independent directors.
    (ii) The nominating committee of any security-based swap clearing
agency must identify individuals qualified to become Board members
through a consultative process with the participants of the security-
based swap clearing agency consistent with criteria approved by the
Board and consistent with the provisions of this section, and
administer a process for the nomination of individuals to the Board.
    (5) Other committees of the Board. A security-based swap clearing
agency may establish such other committees of the Board, including a
risk committee, as it deems appropriate. However, if such committee has
the authority to act on behalf of the Board, the committee must be
composed of at least 35 percent independent directors.
    (6) Disciplinary panels. The disciplinary processes of a security-
based swap clearing agency shall preclude any group or class of persons
that is a participant from dominating or exercising disproportionate
influence on the disciplinary process. Any disciplinary panel of a
security-based swap clearing agency shall also include at least one
person who would qualify as an independent director. If the security-
based swap clearing agency provides for a process of an appeal to the
Board, or to a committee of the Board, then that appellate body also
shall include at least one person who would qualify as an independent
director.
    (b)(1) Limits on voting interests. A security-based swap clearing
agency shall not permit any security-based swap clearing agency
participant, either alone or together with its related persons, to:
    (i) Beneficially own, directly or indirectly, any interest in the
security-based swap execution facility that exceeds 5 percent of any
class of securities, or other ownership interest, entitled to vote of
such security-based swap clearing agency; or
    (ii) Directly or indirectly vote, cause the voting of, or give any
consent or proxy with respect to the voting of, any interest in the
security-based swap clearing agency that exceeds 5 percent of the
voting power of any class of securities or other ownership interest of
such security-based swap clearing agency.
    (2) Divestiture. (i) The rules of the security-based swap clearing
agency must provide an effective mechanism to divest any participant of
any voting interest owned in excess of the limitation in paragraph
(b)(1) of this section.
    (ii) The rules of the security-based swap clearing agency must be
reasonably designed not to give effect to the portion of any voting
interest held by one or more participants in excess of the limitations
in paragraph (b)(1) of this section.
    (iii) The rules of the security-based swap clearing agency must
provide an effective mechanism for it to obtain information relating to
voting interests

in the security-based swap clearing agency or its holding company by
any participant in the security-based swap clearing agency.
    (3) Board. (i) The Board of each security-based swap clearing
agency must be composed of a majority of independent directors.
    (ii) No director may qualify as an independent director unless the
Board affirmatively determines that the director does not have a
material relationship with the security-based swap clearing agency or
any affiliate of the security-based swap clearing agency, or a
participant in the security-based swap clearing agency, or any
affiliate of a participant in the security-based swap clearing agency.
    (iii) The security-based swap clearing agency must establish
policies and procedures to require each director, on his or her own
initiative or upon request of the security-based swap clearing agency,
to inform the security-based swap clearing agency of the existence of
any relationship or interest that may reasonably be considered to bear
on whether such director is an independent director.
    (4) Nominating committee. (i) A Board of any security-based swap
clearing agency shall establish a nominating committee composed solely
of independent directors.
    (ii) The nominating committee of any security-based swap clearing
agency must identify individuals qualified to become Board members
through a consultative process with the participants of the security-
based swap clearing agency consistent with criteria approved by the
Board and consistent with the provisions of this section, and
administer a process for the nomination of individuals to the Board.
    (5) Other committees of the Board. A security-based swap clearing
agency may establish such other committees of the Board, including a
risk committee, as it deems appropriate. However, if such committee has
the authority to act on behalf of the Board, the committee must be
composed of a majority of independent directors.
    (6) Disciplinary panels. The disciplinary processes of a security-
based swap clearing agency shall preclude any group or class of persons
that is a participant from dominating or exercising disproportionate
influence on the disciplinary process. Any disciplinary panel of a
security-based swap clearing agency shall also include at least one
person who would qualify as an independent director. If the security-
based swap clearing agency provides for a process of an appeal to the
Board, or to a committee of the Board, then that appellate body also
shall include at least one person who would qualify as an independent
director.

Sec.  242.702  Mitigation of conflicts of interest of security-based
swap execution facilities and national securities exchanges that post
or make available for trading security-based swaps.

    (a) General. Each security-based swap execution facility and
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps must comply with the
provisions of this section and must have the capacity to carry out the
purposes of this section.
    (b) Limits on ownership and voting. (1) A security-based swap
execution facility shall not permit any security-based swap execution
facility participant, either alone or together with its related
persons, to:
    (i) Beneficially own, directly or indirectly, any interest in the
security-based swap execution facility that exceeds 20 percent of any
class of securities, or other ownership interest, entitled to vote of
such security-based swap execution facility; or
    (ii) Directly or indirectly vote, cause the voting of, or give any
consent or proxy with respect to the voting of, any interest in the
security-based swap execution facility that exceeds 20 percent of the
voting power of any class of securities or other ownership interest of
such security-based swap execution facility.
    (2) A national securities exchange or facility thereof that posts
or makes available for trading security-based swaps shall not permit
any member, either alone or together with its related persons, to:
    (i) Beneficially own, directly or indirectly, any interest in the
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps that exceeds 20 percent of
any class of securities, or other ownership interest, entitled to vote
of such national securities exchange or facility thereof that posts or
makes available for trading security-based swaps; or
    (ii) Directly or indirectly vote, cause the voting of, or give any
consent or proxy with respect to the voting of, any interest in the
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps that exceeds 20 percent of
the voting power of any class of securities or other ownership interest
of such national securities exchange or facility thereof that posts or
makes available for trading security-based swaps.
    (c) Divestiture. (1) The rules of a security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes available for trading security-based swaps must provide an
effective mechanism to divest any security-based swap execution
facility participant or member, as applicable, of any interest owned in
excess of the ownership limitations in paragraphs (b)(1)(i) and (2)(i)
of this section.
    (2) The rules of a security-based swap execution facility or
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps must be reasonably designed
not to give effect to the portion of any voting interest held by one or
more security-based swap execution facility participant or member, as
applicable, in excess of the limitations in paragraphs (b)(1)(ii) and
(b)(2)(ii) of this section.
    (3) The rules of a security-based swap execution facility or
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps must provide an effective
mechanism for it to obtain information relating to ownership and voting
interests in the security-based swap execution facility or national
securities exchange or facility thereof that posts or makes available
for trading security-based swaps by any security-based swap execution
facility participant or member, as applicable.
    (d) Board. (1) The Board of any security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes available for trading security-based swaps must be composed of
a majority of independent directors.
    (2) No director may qualify as an independent director of a
security-based swap execution facility unless the Board affirmatively
determines that the director does not have a material relationship with
the security-based swap execution facility, any affiliate of the
security-based swap execution facility, a security-based swap execution
facility participant, or any affiliate of a security-based swap
execution facility participant.
    (3) No director may qualify as an independent director of a
national securities exchange or facility thereof that posts or makes
available for trading security-based swaps unless the Board
affirmatively determines that the director does not have a material
relationship with the national securities exchange or facility thereof,
any affiliate of the national securities exchange or

facility thereof, a member of the national securities exchange, or any
affiliate of such member.
    (e) Regulatory oversight committee. (1) A Board of any security-
based swap execution facility or national securities exchange that
posts or makes available for trading security-based swaps shall
establish a regulatory oversight committee, composed solely of
independent directors, to assist it in minimizing actual and potential
conflicts of interest. The regulatory oversight committee shall oversee
the security-based swap execution facility's obligations under section
3D of the Exchange Act or the national securities exchange's obligation
under section 6 of the Exchange Act (15 U.S.C. 78f), as applicable, on
behalf of the Board. The Board shall delegate sufficient authority,
dedicate sufficient resources, and allow sufficient time for the
regulatory oversight committee to fulfill its mandate.
    (2) The Board shall promptly report to the Commission any
recommendations of the Regulatory Oversight Committee that the Board
does not adopt or implement.
    (f) Nominating committee. (1) The nominating committee of a
security-based swap execution facility or national securities exchange
or facility thereof that posts or makes available for trading security-
based swaps must be composed solely of independent directors.
    (2) The nominating committee of a security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes available for trading security-based swaps must identify
individuals qualified to become directors, consistent with criteria
approved by the Board and consistent with the provisions of this
section, and administer a process for the nomination of individuals to
the Board.
    (g) Other committees of the Board. A security-based swap execution
facility or national securities exchange or facility thereof that posts
or makes available for trading security-based swaps may establish such
other committees of the Board, including an executive committee, as it
deems appropriate. However, if such committee has the authority to act
on behalf of the Board, the committee must be composed of a majority of
independent directors.
    (h) Disciplinary panels. The disciplinary processes of a security-
based swap execution facility or national securities exchange that
posts or makes available for trading security-based swaps shall
preclude any group or class of security-based swap execution facility
participants or group or class of members of the national securities
exchange that posts or makes available for trading security-based
swaps, as applicable, from dominating or exercising disproportionate
influence on the disciplinary process. Any disciplinary panel of a
security-based swap execution facility or national securities exchange
that posts or makes available for trading security-based swaps shall
also include at least one person who would qualify as an independent
director. If the security-based swap execution facility or national
securities exchange that posts or makes available for trading security-
based swaps provides for a process of an appeal to the Board, or to a
committee of the Board, then that appellate body also shall include at
least one person who would qualify as an independent director.

    Dated: October 14, 2010.

By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-26315 Filed 10-25-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Rules and Regulations]
[Pages 5308-5310]
[FR Doc No: 2020-01633]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1077; Product Identifier 2019-NM-204-AD; Amendment
39-19818; AD 2020-01-12]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214,
-216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. This AD was prompted by the
absence of a requirement to remove a certain Emergency Procedure in the
existing Aircraft Flight Manual (AFM) after accomplishing a certain
modification or replacement. This AD requires, for airplanes on which a
certain modification or replacement is done, revising the AFM by
removing a certain Emergency Procedure in the AFM, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD becomes effective February 14, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 14,
2020.
    The FAA must receive comments on this AD by March 16, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-1077.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1077; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0309, dated December 19, 2019
(``EASA AD 2019-0309'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model
A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
Model A320-215 airplanes are not certified by the FAA and are not
included on the U.S. type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
    This AD was prompted by the absence of a requirement to remove
Emergency Procedures relating to the undue activation of Alpha
Protection (Alpha Prot) in the existing AFM after accomplishing the
modification or replacement specified in AD 2017-16-12, Amendment 39-
18989 (82 FR 40675, August 28, 2017) (``AD 2017-16-12''). The FAA is
issuing this AD to address this condition, which, under certain
conditions, could lead to the incorrect application of the procedure by
the flight crew, possibly resulting in increased flight crew workload
and consequent reduced control of the airplane. See the MCAI for
additional background information.

Relationship Between This AD and AD 2017-16-12

    AD 2017-16-12 requires, among other actions, revising the AFM to
incorporate procedures to advise the flight crew of emergency
procedures for abnormal Alpha Prot; and replacement of certain angle of
attack (AOA) sensors with certain Thales C16291AA or C16291AB AOA
sensors. AD 2017-16-12 also allows certain future approved acceptable
parts as a method of compliance for certain actions. This AD requires,
for airplanes on which a certain modification or replacement is done,
revising the AFM by removing Emergency Procedures relating to the undue
activation of Alpha Prot from the existing AFM. Accomplishment of this
AD terminates the AFM revision required by paragraph (j) of AD 2017-16-
12 for that airplane only.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0309 describes procedures, for airplanes on which a
certain modification or replacement (installation or replacement of
certain AOA sensors) is done, for revising the existing AFM by removing
Emergency Procedures relating to the undue activation of Alpha Prot
from the existing AFM. This material is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe

condition exists and is likely to exist or develop on other products of
the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2019-0309 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0309
will be incorporated by reference in the FAA final rule. This AD,
therefore, requires compliance with EASA AD 2019-0309 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in the EASA AD does
not mean that operators need comply only with that section. For
example, where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD. Service information specified in EASA AD 2019-0309 that is
required for compliance with EASA AD 2019-0309 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-1077 after the FAA final rule is published.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because it has been determined that for airplanes on which a certain
modification or replacement is done, the AFM procedure required by AD
2017-16-12 if not removed, could, under certain conditions, lead to the
incorrect application of the procedure by the flight crew, possibly
resulting in increased flight crew workload and consequent reduced
control of the airplane. In addition, the removal of these AFM
emergency procedures for applicable airplanes is relieving on the
flight crew workload during an emergency situation. Therefore, the FAA
find good cause that notice and opportunity for prior public comment
are impracticable. In addition, for the reasons stated above, the FAA
finds that good cause exists for making this amendment effective in
less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-1077;
Product Identifier 2019-NM-204-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 1,553 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85         $132,005
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-01-12 Airbus SAS: Amendment 39-19818; Docket No. FAA-2019-1077;
Product Identifier 2019-NM-204-AD.

(a) Effective Date

    This AD becomes effective February 14, 2020.

(b) Affected ADs

    This AD affects AD 2017-16-12, Amendment 39-18989 (82 FR 40675,
August 28, 2017) (``AD 2017-16-12'').

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4), certificated in any category.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by the absence of a requirement to remove a
certain Emergency Procedure in the existing Aircraft Flight Manual
(AFM) after accomplishing a certain modification or replacement. The
FAA is issuing this AD to address this condition, which, under
certain conditions, could lead to the incorrect application of the
procedure by the flight crew, possibly resulting in increased flight
crew workload and consequent reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0309, dated December 19, 2019 (``EASA
AD 2019-0309'').

(h) Exceptions to EASA AD 2019-0309

    (1) Where EASA AD 2019-0309 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0309 does not apply
to this AD.
    (3) Where EASA AD 2019-0309 specifies paragraph (19) of EASA AD
2015-0135R3, for this AD, use paragraph (r) of AD 2017-16-12, except
where paragraph (r) of AD 2017-16-12 refers to ``the effective date
of this AD,'' use June 1, 2015 (the effective date of EASA AD 2015-
0087).

(i) Terminating Action for AD 2017-16-12

    Accomplishing the actions required by this AD on an airplane
terminates all requirements of paragraph (j) of AD 2017-16-12 for
that airplane only.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the  International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0309 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0309,
dated December 19, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0309, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-1077.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 15, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2020-01633 Filed 1-29-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70219-70220]
[FR Doc No: 2010-28916]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC10-574-001]

Commission Information Collection Activities (FERC-574); Comment
Request; Submitted for OMB Review

November 8, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission issued a Notice in the Federal Register (75FR 47805, 08/
09/2010) requesting public comments. FERC received no comments on the
FERC-574 and has made this notation in its submission to OMB.

DATES: Comments on the collection of information are due by December
17, 2010.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to Created by OMB should be filed electronically, c/o<EMAIL_ADDRESS>and include OMB Control Number 1902-0116 for
reference. The Desk Officer may be reached by telephone at 202-395-
4638.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission and should refer to Docket No. IC10-574-001.
Comments may be filed either electronically or in paper format. Those
persons filing electronically do not need to make a paper filing.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at http://www.ferc.gov/help/submission-guide.asp. To file the document
electronically, access the Commission's website and click on Documents
& Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and
then follow the instructions for each screen. First time users will
have to establish a user name and password. The Commission will send an
automatic acknowledgement to the sender's e-mail address upon receipt
of comments.
    For paper filings, the comments should be submitted to the Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426, and should refer to Docket No. IC10-
574-001.
    Users interested in receiving automatic notification of activity in
FERC Docket No. IC10-574 may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. All comments may be viewed,
printed or downloaded remotely via the Internet through FERC's homepage
using the ``eLibrary'' link. For user assistance, contact
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-574, ``Gas Pipeline Certificates: Hinshaw
Exemption'' (OMB No. 1902-0116), is used by the Commission to implement
the statutory provisions of Sections 1(c), 4 and 7 of the Natural Gas
Act (NGA) (Pub. L. 75-688) (15 U.S.C. 717-717w). Natural gas pipeline
companies file applications with the Commission furnishing information
in order for a determination to be made as to whether the applicant
qualifies for an exemption under the provisions of the Natural Gas Act
(Section 1(c)). If the exemption is granted, the natural gas pipeline
company is not required to file certificate applications, rate
schedules, or any other applications or forms prescribed by the
Commission.
    The exemption applies to companies engaged in the transportation or
sale for resale of natural gas in interstate commerce if: (a) They
receive gas at or within the boundaries of the state from another
person at or within the boundaries of that state; (b) such gas is
ultimately consumed in such state; (c) the rates, service and
facilities of such company are subject to regulation by a State
Commission; and (d) that such State Commission is exercising that
jurisdiction. The data required to be filed by pipeline companies for
an exemption are specified by Title 18 Code of Federal Regulations
(CFR) Part 152.
    Action: The Commission is requesting a three-year extension of the
FERC-574 reporting requirements, with no changes.
    Burden Statement: The estimated annual public reporting burden for
FERC-574 is reduced from the estimate made three years ago due to the
results of an analysis of recent filings showing that 60 hours per
response is a more accurate estimate for the average burden hours per
response than the 245 hours used in the 2007 estimate.

----------------------------------------------------------------------------------------------------------------
                                                                Average number   Average burden
            FERC data collection                 Number of       of responses      hours per       Total annual
                                                respondents     per respondent      response       burden hours
                                                         (1)              (2)              (3)      (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
FERC-574....................................               1                1               60               60
----------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to respondents is $3,977 (60
hours/2,080 hours \1\ per year, times $137,874 \2\).
---------------------------------------------------------------------------

    \1\ Estimated Number of hours an employee works each year.
    \2\ Estimated average annual cost per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g. permitting electronic submission of
responses.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28916 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36465-36468]
[FR Doc No: 2016-13414]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0324]
RIN 1625-AA08

Special Local Regulations; Marine Events Held in the Sector Long
Island Sound Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two special local regulations
for two separate marine events within the Coast Guard Sector Long
Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary
final rule is necessary to provide for the safety of life on navigable
waters during these events. Entry into, transit through, mooring or
anchoring within these regulated areas is prohibited unless authorized
by COTP Sector Long Island Sound.

DATES: This rule is effective without actual notice from 12:01 a.m. on
June 7, 2016 until 5 p.m. on June 12, 2016. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, 18 May, 2016, until June 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0324 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard
Sector Long Island Sound, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    This rulemaking establishes two special local regulations for one
regatta and one air show. Each event and its corresponding regulatory
history are discussed below.
    Jones Beach (Air Show): A special local regulation was established
in 2015 for the Jones Beach Air Show event when the Coast Guard issued
a final rule entitled, ``Special Local Regulations and Safety Zones;
Marine Events held in the Sector Long Island Sound Captain of the Port
Zone''. This rulemaking was published on May 18, 2015 in the Federal
Register (80 FR 28176).
    The Harvard-Yale Regatta is a reoccurring marine event with
regulatory history and is cited in 33 CFR 100.100(1.1). This event has
been included in this rule due to deviation from the cite date.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. There is insufficient time to publish an NPRM, take public
comments, and issue a final rule before these events take place. Thus,
waiting for a comment period to run would inhibit the Coast Guard's
mission to keep the ports and waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1233.
    The COTP Sector LIS has determined that the special local
regulations established by this temporary final rule are necessary to
provide for the safety of life on navigable waterways during these
events.

IV. Discussion of the Rule

    This rule establishes two special local regulations for one regatta
and one air show. The locations of these regulated areas are as
follows:

                                            Special Local Regulations
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
1....................................  Jones Beach Air Show...  Location: There will be three areas created for
                                                                 the special local regulation. The first area,
                                                                 ``No Entry Area'', is on the navigable waterway
                                                                 located along the south shore of Jones Beach
                                                                 State Park. The second area, ``Slow/No Wake
                                                                 Area'', is located on the navigable waterway
                                                                 between Meadowbrook State Parkway and Wantagh
                                                                 State Parkway. The third area, ``No Southbound
                                                                 Traffic Area'', in the navigable waters of
                                                                 Zach's Bay.
2....................................  Harvard-Yale Regatta...  Location: All waters of the Thames River at New
                                                                 London, Connecticut, between the Penn Central
                                                                 Draw Bridge 41[deg]21'46.94'' N.
                                                                 072[deg]5'14.46'' W. to Bartlett Cove
                                                                 41[deg]25'35.9'' N. 072[deg]5'42.89'' W. (NAD
                                                                 83).
----------------------------------------------------------------------------------------------------------------

    This rule establishes additional vessel movement rules within areas
specifically under the jurisdiction of the special local regulations
during the periods of enforcement unless authorized by the COTP or
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The
enforcement of these regulated areas will be relatively short in
duration, (2) persons or vessels desiring entry into the ``No Entry''
area or a deviance from the stipulations within the ``Slow/No Wake
Area'' may be authorized to do so by the COTP Sector Long Island Sound
or designated representative, may do so with permission from the COTP
Sector LIS or a designated representative; (3) vessels can operate
within the regulated area provided they do so in accordance with the
regulation and (4) before the effective period, public notifications
will be made to local mariners through appropriate means, which may
include the Local Notice to Mariners as well as Broadcast Notice to
Mariners.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National

Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This temporary rule involves the establishment of two
regulated areas. It is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233

0
2. Add Sec.  100.T01-0324 to read as follows:

Sec.  100.T01-0324  Special Local Regulations; Marine Events held in
the Sector Long Island Sound Captain of the Port Zone.

    (a) Location. This section will be enforced at the locations listed
for each event in the Table to Sec.  100.T01-0324.
    (b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in TABLE 1 to Sec.  100.T01-0324.
    (c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
COTP, Sector Long Island Sound, to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP Sector Long Island Sound. In addition, members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
    (d) Regulations. (1) The general regulations contained in 33 CFR
100.35 apply.
    (2) Operators of vessels desiring to deviate from these regulations
should contact the COTP Sector Long Island Sound at<PHONE_NUMBER>
(Sector LIS command center) or the designated representative via VHF
channel 16 to obtain permission to do so.
    (3) Any vessel given permission to deviate from these regulations
must comply with all directions given to them by the COTP Sector Long
Island Sound, or the designated on-scene representative.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.

                             Table to Sec.   100.T01-0324--Special Local Regulations
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
1....................................  Jones Beach Air Show...   Date: May 26-29, 2016
                                                                 Time:
                                                                (1) The ``No Entry Area'' will be enforced each
                                                                 day from the start of the air show until 30
                                                                 minutes after it concludes.
                                                                (2) The Slow/No Wake Area and the ``No
                                                                 Southbound Traffic Area'' will be enforced each
                                                                 day for six hours after the air show concludes.
                                                                 Location: ``No Entry Area'': Waters of
                                                                 the Atlantic Ocean off Jones Beach State Park,
                                                                 Wantagh, NY contained within the following
                                                                 described area; Beginning in approximate
                                                                 position 40[deg]34'54'' N., 073[deg]33'21'' W.,
                                                                 then running east along the shoreline of Jones
                                                                 Beach State Park to approximate position
                                                                 40[deg]35'53'' N., 073[deg]28'48'' W.; then
                                                                 running south to a position in the Atlantic
                                                                 Ocean off of Jones Beach at approximate
                                                                 position 40[deg]35'05'' N., 073[deg]28'34'' W.;
                                                                 then running west to approximate position
                                                                 40[deg]33'15'' N., 073[deg]33'09'' W.; then
                                                                 running north to the point of origin.
                                                                ``Slow/No Wake Area'': All navigable waters
                                                                 between Meadowbrook State Parkway and Wantagh
                                                                 State Parkway and contained within the
                                                                 following area. Beginning in approximate
                                                                 position 40[deg]35'49.01'' N. 73[deg]32'33.63''
                                                                 W. then north along the Meadowbrook State
                                                                 Parkway to its intersection with Merrick Road
                                                                 in approximate position 40[deg]39'14.00'' N.
                                                                 73[deg]34'00.76'' W. then east along Merrick
                                                                 Road to its intersection with Wantagh State
                                                                 Parkway in approximate position
                                                                 40[deg]39'51.32'' N. 73[deg]30'43.36'' W. then
                                                                 south along the Wantagh State Parkway to its
                                                                 intersection with Ocean Parkway in approximate
                                                                 position 40[deg]35'47.30'' N. 73[deg]30'29.17''
                                                                 W. then west along Ocean Parkway to its
                                                                 intersection with Meadowbrook State Parkway at
                                                                 the point of origin in approximate position
                                                                 40[deg]35'49.01'' N. 73[deg]32'33.63'' W.
                                                                ``No Southbound Traffic Area'': All navigable
                                                                 waters of Zach's Bay south of the line
                                                                 connecting a point near the western entrance to
                                                                 Zach's Bay in approximate position
                                                                 40[deg]36'29.20'' N., 073[deg]29'22.88'' W. and
                                                                 a point near the eastern entrance of Zach's Bay
                                                                 in approximate position 40[deg]36'16.53'' N.,
                                                                 073[deg]28'57.26'' W.

2....................................  Harvard-Yale Regatta...   Date: June 12, 2016
                                                                 Time: 2:00 p.m. to 5:00 p.m.
                                                                 Location: ``All waters of the Thames
                                                                 River at New London, Connecticut, between the
                                                                 Penn Central Draw Bridge 41[deg]21'46.94'' N.
                                                                 072[deg]5'14.46'' W. to Bartlett Cove
                                                                 41[deg]25'35.9'' N. 072[deg]5'42.89'' W. (NAD
                                                                 83).
                                                                 Additional Stipulations: Spectator
                                                                 vessels must be at anchor within a designated
                                                                 spectator area or moored to a waterfront
                                                                 facility within the regulated area in such a
                                                                 way that they shall not interfere with the
                                                                 progress of the event at least 30 minutes prior
                                                                 to the start of the races. They must remain
                                                                 moored or at anchor until the men's varsity
                                                                 have passed their positions. At that time,
                                                                 spectator vessels located south of the Harvard
                                                                 Boathouse may proceed downriver at a reasonable
                                                                 speed. Vessels situated between the Harvard
                                                                 Boathouse and the finish line must remain
                                                                 stationary until both crews return safely to
                                                                 their boathouses. If for any reason the men's
                                                                 varsity crew race is postponed, spectator
                                                                 vessels will remain in position until notified
                                                                 by Coast Guard or regatta patrol personnel. The
                                                                 last 1,000 feet of the race course near the
                                                                 finish line will be delineated by four
                                                                 temporary white buoys provided by the sponsor.
                                                                 All spectator craft shall remain behind these
                                                                 buoys during the event. Spectator craft shall
                                                                 not anchor: to the west of the race course,
                                                                 between Scotch Cap and Bartlett Point Light, or
                                                                 within the race course boundaries or in such a
                                                                 manner that would allow their vessel to drift
                                                                 or swing into the race course. During the
                                                                 effective period all vessels shall proceed at a
                                                                 speed not to exceed six knots in the regulated
                                                                 area. Spectator vessels shall not follow the
                                                                 crews during the races. Swimming is prohibited
                                                                 in the vicinity of the race course during the
                                                                 races. A vessel operating in the vicinity of
                                                                 the Submarine Base may not cause waves which
                                                                 result in damage to submarines or other vessels
                                                                 in the floating dry-docks.
----------------------------------------------------------------------------------------------------------------

    Dated: May 18, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2016-13414 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they are helping to save my life. I wish to provide you with my personal story, as well as allow others to have the same opportunity, and the opportunity to provide scientific evidence that will help to support our personal experiences. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.