[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 27009-27012]
[FR Doc No: 2021-10429]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0055 (Notice No. 2021-04)]

Hazardous Materials: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on four information collections pertaining to
hazardous materials transportation for which PHMSA intends to request
renewal from the Office of Management and Budget.

DATES: Interested persons are invited to submit comments on or before
July 19, 2021.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2021-0055 (Notice No. 2021-04) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200

New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2021-0055) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division,
(202) 366-8553<EMAIL_ADDRESS>Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' PHMSA will place any redacted portions of
those submissions in the public docket of this notice. Submissions
containing CBI should be sent to Steven Andrews or Shelby Geller,
Standards and Rulemaking Division and addressed to the Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
<EMAIL_ADDRESS>Any commentary that PHMSA receives which is not
specifically designated as CBI will be placed in the public docket for
this notice.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Shelby Geller,
Standards and Rulemaking Division,<PHONE_NUMBER><EMAIL_ADDRESS>
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection requests that PHMSA will be submitting to the
Office of Management and Budget (OMB) for renewal and extension. These
information collections are contained in 49 CFR 171.6 of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised
burden estimates, where appropriate, to reflect current reporting
levels or adjustments based on changes in proposed or final rules
published since the information collections were last approved. The
following information is provided for each information collection: (1)
Title of the information collection, including former title if a change
is being made; (2) OMB control number; (3) summary of the information
collection activity; (4) description of affected public; (5) estimate
of total annual reporting and recordkeeping burden; and (6) frequency
of collection. PHMSA will request a 3-year term of approval for each
information collection activity and will publish a notice in the
Federal Register upon OMB's approval.
    PHMSA requests comments on the following information collections:
    Title: Rulemaking, Special Permits, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Summary: This information collection applies to procedures for
requesting changes, exceptions, and other determinations in relation to
the HMR. Specific areas covered in this information collection include
part 105, subparts A and B, ``Hazardous Materials Program Definitions
and General Procedures''; part 106, subpart B, ``Participating in the
Rulemaking Process''; part 107, subpart B, ``Special Permits''; and
part 107, subpart C, ``Preemption.'' The Federal hazardous materials
transportation law directs the Secretary of Transportation to prescribe
regulations for the safe transportation of hazardous materials in
commerce. PHMSA is authorized to accept petitions for rulemaking and
appeals, as well as applications for special permits, preemption
determinations, and waivers of preemption. The types of information
collected include:
    (1) Petitions for Rulemaking: Any person may petition PHMSA to add,
amend, or delete a regulation in parts 110, 130, 171 through 180, or
may petition the Office of the Chief Counsel to add, amend, or delete a
regulation in parts 105, 106, or 107. Petitions submitted to PHMSA are
required to contain information as specified by Sec.  106.100 of the
HMR.
    (2) Appeals: Except as provided in Sec.  106.40(e), any person may
submit an appeal to our actions in accordance with the Appeals
procedures found in Sec. Sec.  106.110 through 106.130.
    (3) Applications for Special Permit: Any person applying for a
special permit must include the citation of the specific regulation
from which the applicant seeks relief; specification of the proposed
mode or modes of transportation; detailed description of the proposed
special permit (e.g., alternative packaging, test, procedure, or
activity), including as appropriate, written descriptions, drawings,
flow charts, plans and other supporting documents, etc. Under this OMB
control number, applicants may apply for a new special permit, renew or
modify an existing special permit, or request party status to a special
permit. These procedures can be found in part 107, subpart B of the
HMR.
    (4) Applications for Preemption Determination: With the exception
of highway routing matters covered under 49 U.S.C. 5125(c), any person
directly affected by any requirement of a State, political subdivision,
or Native American Tribe may apply to the Chief Counsel for a
determination whether that requirement is preempted by Sec.
107.202(a), (b), or (c). The application must include the text of the
State, political subdivision, or Native American Tribe requirement for
which the determination is sought; specify each requirement of the
Federal hazardous materials transportation law, regulations issued
under the Federal hazardous material transportation law, or hazardous
material transportation security regulations or directives issued by
the Secretary of Homeland Security with which the applicant seeks the
State, political subdivision, or Native

American Tribe requirement to be compared; explain why the applicant
believes the State, political subdivision, or Native American Tribe
requirement should or should not be preempted under the standards of
Sec.  107.202; and state how the applicant is affected by the State,
political subdivision, or Native American Tribe requirement.
    (5) Waivers of Preemption: With the exception of requirements
preempted under 49 U.S.C. 5125(c), any person may apply to the Chief
Counsel for a waiver of preemption with respect to any requirement
that: (1) The State, political subdivision thereof, or Native American
Tribe acknowledges to be preempted under the Federal hazardous
materials transportation law, or (2) has been determined by a court of
competent jurisdiction to be so preempted. The Chief Counsel may waive
preemption with respect to such requirement upon a determination that
such requirement affords an equal or greater level of protection to the
public than is afforded by the requirements of the Federal hazardous
materials transportation law or the regulations issued thereunder, and
does not unreasonably burden commerce.
    The information collected under these application procedures is
used in the review process by PHMSA in determining the merits of the
petitions for rulemakings and for reconsideration of rulemakings, as
well as applications for special permits, preemption determinations,
and waivers of preemption to the HMR. The procedures governing these
petitions for rulemaking and for reconsideration of rulemakings are
covered in subpart B of part 106. Applications for special permits,
preemption, determinations, and waivers of preemption are covered under
subparts B and C of part 107. Rulemaking procedures help PHMSA
determine if a regulatory change is necessary, is consistent with
public interest, and maintains a level of safety equal to or superior
to that of current regulations. Special permit procedures provide the
information required for analytical purposes to determine if the
requested relief provides for a comparable level of safety as provided
by the HMR. Additionally, PHMSA uses information from preemption
procedures to determine whether a requirement of a State, political
subdivision, or Indian tribe is preempted under 49 U.S.C. 5125, or
regulations issued thereunder, or whether a waiver of preemption should
be issued. The following information collections and their burdens are
associated with this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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Petition for Rulemaking.............              20              20  8 hours...................             160
New Special Permit Application......             168             168  7 hours...................           1,176
Party Status Special Permit                      576             576  1.5 hours.................             864
 Application.
Renewal Special Permit Application..             936             936  1.5 hours.................           1,404
Modification Special Permit                      132             132  1 hour....................             132
 Application.
Special Permit Application--                   1,852           1,852  6 minutes.................             185
 Recordkeeping.
Designated Agent for Special Permit              100             100  2 hours...................             200
 Application.
Confidential Handling for Special                 31              31  15 minutes................            7.75
 Permit Application.
Preemption..........................               2               2  60 hours..................             120
Preemption Reconsideration..........               1               1  30 hours..................              30
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    Affected Public: Shippers, carriers, packaging manufacturers, and
other affected entities.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 3,818.
    Total Annual Responses: 3,818.
    Total Annual Burden Hours: 4,278.75.
    Frequency of Collection: On occasion.

    Title: Flammable Cryogenic Liquids.
    OMB Control Number: 2137-0542.
    Summary: Provisions in Sec.  177.840(a)(2) specify certain safety
procedures and documentation requirements for drivers of motor vehicles
transporting flammable cryogenic liquids. This information allows the
driver to take appropriate remedial actions to prevent a catastrophic
release of the flammable cryogenics should the temperature of the
material begin to rise excessively or if the travel time will exceed
the safe travel time. These requirements are intended to ensure a high
level of safety when transporting flammable cryogenics due to their
extreme flammability and high compression ratio when in a liquid state.
The following information collections and their burdens are associated
with this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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Flammable Cryogenic Liquids.........             175          18,200  3.5 minutes...............           1,062
Flammable Cryogenic Liquids--                    175          18,200  30 seconds................             152
 Recordkeeping.
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    Affected Public: Carriers of cryogenic materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 350.
    Total Annual Responses: 36,400.
    Total Annual Burden Hours: 1,214.
    Frequency of Collection: On occasion.

    Title: Response Plans for Shipments of Oil.
    OMB Control Number: 2137-0591.
    Summary: In recent years, several major oil discharges damaged the
marine environment of the United States. Under authority of the Federal
Water Pollution Control Act, as amended by the Oil Pollution Act of
1990 (33 U.S.C. 1251 et seq.), PHMSA issued regulations in 49 CFR part
130 that require preparation of written spill response plans. The
following information collections and their burdens are associated with
this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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Basic Written Response Plan--New                  80              80  33 hours..................           2,640
 Plans.
Basic Written Response Plan--                  7,920           7,920  1 hour....................           7,920
 Updating Plans.
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    Affected Public: Carriers that transport oil in bulk, by motor
vehicle or rail.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 8,000.
    Total Annual Responses: 8,000.
    Total Annual Burden Hours: 10,560.
    Frequency of Collection: On occasion.

    Title: Requirements for United Nations (UN) Cylinders.
    OMB Control Number: 2137-0621.
    Summary: This information collection and recordkeeping burden is
the result of efforts to amend the HMR to adopt standards for the
design, construction, maintenance, and use of cylinders and multiple-
element gas containers (MEGCs) based on the standards contained in the
UN Recommendations on the Transport of Dangerous Goods. Aligning the
HMR with the UN Recommendations promotes flexibility, permits the use
of technological advances for the manufacture of the pressure
receptacles, provides for a broader selection of pressure receptacles,
reduces the need for special permits, and facilitates international
commerce in the transportation of compressed gases. Information
collection requirements address domestic and international
manufacturers of cylinders that request approval by the approval agency
for cylinder design types. The approval process for each cylinder
design type includes review, filing, and recordkeeping of the approval
application. The approval agency is required to maintain a set of the
approved drawings and calculations for each design it reviews and a
copy of each initial design type approval certificate approved by the
Associate Administrator for the Office of Hazardous Materials Safety
for not less than 20 years. The following information collections and
their burdens are associated with this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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UN Pressure Receptacle Approval--New              35              35  6 hours...................             210
 Request.
UN Pressure Receptacle Approval--                100             100  6 hours...................             600
 Modified Request.
UN Pressure Receptacle Approval--                 75              75  6 minutes.................             7.5
 Recordkeeping.
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    Affected Public: Fillers, owners, users, and retesters of UN
cylinders.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 210.
    Total Annual Responses: 210.
    Total Annual Burden Hours: 817.5.
    Frequency of Collection: On occasion.

    Issued in Washington, DC, on May 10, 2021, under authority
delegated in 49 CFR 1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2021-10429 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Page 68010]
[FR Doc No: 2016-23844]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-192-000.
    Applicants: Boulder Solar II, LLC, Avangrid Renewables, LLC.
    Description: Joint Application of Boulder Solar II, LLC, et. al.
for Authorization of Transaction Under Section 203 of the FPA, and
Requests for Shortened Comment Period, Expedited Action, Waivers of
Filing Requirements and Confidential Treatment.
    Filed Date: 9/26/16.
    Accession Number: 20160926-5285.
    Comments Due: 5 p.m. ET 10/17/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2302-006.
    Applicants: Public Service Company of New Mexico.
    Description: Supplement to December 29, 2015 Public Service Company
of New Mexico submits Triennial Market Power Update. [CD being filed
under separate cover].
    Filed Date: 9/27/16.
    Accession Number: 20160927-5084.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: ER10-2633-027; ER10-2570-027; ER10-2717-027; ER10-
3140-027; ER13-55-017.
    Applicants: Birchwood Power Partners, L.P., Shady Hills Power
Company, L.L.C., EFS Parlin Holdings, LLC, Inland Empire Energy Center,
LLC, Homer City Generation, L.P.
    Description: Notice of Non-Material Change in Status of the GE
Companies.
    Filed Date: 9/26/16.
    Accession Number: 20160926-5219.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: ER16-2669-000.
    Applicants: Consumers Energy Company.
    Description: Initial rate filing: Blackstart Service to be
effective 10/1/2016.
    Filed Date: 9/26/16.
    Accession Number: 20160926-5214.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: ER16-2670-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Tariff Cancellation: Cancellation of Tariff Identifier
ER16-896 to be effective 12/31/9998.
    Filed Date: 9/26/16.
    Accession Number: 20160926-5216.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: ER16-2671-000.
    Applicants: FirstEnergy Solutions Corp.
    Description: Sec.  205(d) Rate Filing: Normal filing 2016 to be
effective 11/26/2015.
    Filed Date: 9/27/16.
    Accession Number: 20160927-5072.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: ER16-2672-000.
    Applicants: Georgia Power Company.
    Description: Sec.  205(d) Rate Filing: Amendment of Georgia Power
Company Rate Schedule No. 850 to be effective 11/1/2016.
    Filed Date: 9/27/16.
    Accession Number: 20160927-5098.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: ER16-2673-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 20160927_SAP Production
Clean Up to be effective 1/1/2016.
    Filed Date: 9/27/16.
    Accession Number: 20160927-5112.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: ER16-2674-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 20160927_SAP Production
Formula Rate to be effective 4/16/2016.
    Filed Date: 9/27/16.
    Accession Number: 20160927-5113.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: ER16-2675-000.
    Applicants: AltaGas Pomona Energy Storage Inc.
    Description: Baseline eTariff Filing: AltaGas Pomona Energy Storage
Inc. MBR Tariff to be effective 10/1/2016.
    Filed Date: 9/27/16.
    Accession Number: 20160927-5137.
    Comments Due: 5 p.m. ET 10/18/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 27, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-23844 Filed 9-30-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43439-43440]
[FR Doc No: 2017-19577]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32813; 812-14780]

Innovator ETFS Trust and Innovator Capital Management, LLC

September 11, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act. The requested exemption would
permit an investment adviser to hire and replace certain subadvisers
without shareholder approval.

Applicants: Innovator ETFS Trust (the ``Trust''), a Delaware statutory
trust registered under the Act as an open-end management investment
company, and Innovator Capital Management, LLC, a Delaware limited
liability company registered as an investment adviser under the
Investment Advisers Act of 1940 (the ``Adviser'' or ``Innovator'' and,
collectively with the Trust, the ``Applicants'').

Filing Dates: The application was filed on June 7, 2017 and amended on
September 8, 2017.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving Applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 5, 2017 and should be accompanied by proof of service
on the Applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest,

any facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: H. Bruce Bond,
Innovator Capital Management, LLC, 120 N. Hale Street, Suite 200,
Wheaton, Illinois 60187.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER>, or Andrea Ottomanelli Magovern, Acting Branch Chief,
at<PHONE_NUMBER> (Division of Investment Management, Chief Counsel's
Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Summary of the Application

    1. The Adviser serves as the investment adviser to the Funds
pursuant to investment advisory agreements with the Trust on behalf of
each Fund (collectively, the ``Advisory Agreements'').\1\ The Adviser
is responsible for the overall management of the Funds' business
affairs and selecting investments according to the Funds' investment
objectives, policies, and restrictions, subject to the authority of the
board of trustees of the Trust (``Board''). The Advisory Agreements
permit the Adviser, subject to the approval of the Board, to delegate
to one or more unaffiliated subadvisers (each, a ``Subadviser'' and
collectively, the ``Subadvisers'') the responsibility to provide the
day-to-day portfolio investment management of each Fund, subject to the
supervision and direction of the Adviser. The primary responsibility
for managing the Funds will remain vested in the Adviser. The Adviser
will hire, evaluate, allocate assets to and oversee the Subadvisers,
including determining whether a Subadviser should be terminated, at all
times subject to the authority of the Board.
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    \1\ Applicants request relief with respect to any existing or
future series of the Trust and any other existing or future
registered open-end management investment company or series thereof
that: (a) Is advised by the Adviser or its successors, including any
entity controlling, controlled by, or under common control with the
Adviser or its successors (each, also an ``Adviser''); (b) uses the
manager of managers structure described in the application; and (c)
complies with the terms and conditions of the application (any such
series, a ``Fund'' and collectively, the ``Funds''). For purposes of
the requested order, ``successor'' is limited to an entity that
results from a reorganization into another jurisdiction or a change
in the type of business organization.
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Subadvisers pursuant to Subadvisory
Agreements and materially amend existing Subadvisory Agreements without
obtaining the shareholder approval required under section 15(a) of the
Act and rule 18f-2 under the Act.\2\
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    \2\ The requested relief will not extend to any subadviser that
is an affiliated person, as defined in section 2(a)(3) of the Act,
of the Trust, a Fund or the Adviser, other than by reason of serving
as a subadviser to one or more of the Funds.
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the
application.\3\ Such terms and conditions provide for, among other
safeguards, appropriate disclosure to Fund shareholders and
notification about subadvisory changes and enhanced Board oversight to
protect the interests of the Funds' shareholders.
---------------------------------------------------------------------------

    \3\ Prior to May, 2017, Innovator Management LLC (``Innovator
Management'') served as the Funds' investment adviser. (Innovator
and Innovator Management are not affiliated persons of each other.)
Innovator Management entered into an agreement with Innovator
pursuant to which Innovator Management transferred the assets of its
investment advisory business and related intellectual property to
Innovator (the ``Transaction''). The closing of the Transaction (the
``Closing'') occurred on May 9, 2017. The Commission previously
granted relief to Innovator Management and the Trust that, other
than the identity of the investment adviser, was identical in all
material respects to that requested in the Application. Academy
Funds Trust and Innovator Management LLC, Investment Company Act
Release Nos. 31679 (June 17, 2015)(notice) and 31711 (July 9,
2015)(order) (``Existing Order''). On May 5, 2017, the Commission
staff provided oral no-action relief to Innovator and the Trust to
rely on the Existing Order until the earlier of the receipt of any
order granted by the Commission on the Application or 150 days from
the date of the Closing.
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    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Advisory
Agreements will remain subject to shareholder approval, while the role
of the Subadvisers is substantially similar to that of individual
portfolio managers, so that requiring shareholder approval of
Subadvisory Agreements would impose unnecessary delays and expenses on
the Funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19577 Filed 9-14-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21728-21730]
[FR Doc No: 2011-9308]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

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

    Docket Numbers: RP11-1940-000.
    Applicants: Chesapeake Energy Marketing Inc, BHP Billiton Petroleum
(Fayetteville) LL.
    Description: Joint Petition of BHP Billiton Petroleum
(Fayetteville) LLC and Chesapeake Energy Marketing, Inc. for Temporary
Waivers of Capacity Release Regulations and Related Pipeline Tariff
Provisions.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5152.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1941-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits tariff filing per
154.204: 20110331 Negotiated Rate to be effective 4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5153.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1942-000.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Company submits tariff filing
per 154.204: Quality Interchangeability to be effective 5/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5154.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1943-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.203: AGT Gas Quality RP07-504 Compliance Filing to be effective
5/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5166.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1944-000.
    Applicants: Alliance Pipeline L.P.
    Description: Alliance Pipeline L.P. submits tariff filing per
154.204: 2011 Summer Auction Filing to be effective 4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5167.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1945-000.
    Applicants: North Baja Pipeline, LLC.
    Description: North Baja Pipeline, LLC submits tariff filing per
154.204: Imperial Irrigation District Negotiated Rates to be effective
4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5173.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1946-000.
    Applicants: Enbridge Offshore Pipelines (UTOS) LLC.
    Description: Enbridge Offshore Pipelines (UTOS) LLC submits tariff
filing per 154.204: Negotiated Rate and Non-Conforming to be effective
1/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5191.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1947-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: Antero 2 to Tenaska Capacity Release Negotiated
Rate to be effective 4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5200.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1948-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: Newfield K18 Capacity Release Negotiated Rate
Agreement to be effective 4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1949-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: Columbia Gulf Transmission Company submits tariff
filing per 154.203: Gas Quality Compliance Filing to be effective 5/27/
2010.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5206.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1950-000.
    Applicants: TransColorado Gas Transmission Company LLC.
    Description: TransColorado Gas Transmission Company LLC submits
tariff filing per 154.204: Negotiated Rate 2011-03-31 Enterprise to be
effective 3/31/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5212.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1951-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Horizon Pipeline Company, L.L.C. submits tariff filing
per 154.204: Revisions to Form of Service Agreements to be effective 5/
1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5217.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1952-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: 85 North Expansion--Negotiated Rate and Non-
Conforming Agreements to be effective 5/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5219.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1953-000.
    Applicants: Kinder Morgan Interstate Gas Transmission LLC.
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
tariff filing per 154.204: Negotiated Rate 3-31-11 Mieco and Tenaska to
be effective 4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5234.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1954-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Company submits its Annual
Gas Compressor Fuel Report.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5242.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1955-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: Update to List of Non-Conforming Service
Agreements to be effective 5/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5260.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1956-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Annual Sales Report of Rockies Express Pipeline LLC.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5261.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1957-000.
    Applicants: Stingray Pipeline Company, L.L.C.
    Description: Stingray Pipeline Company, L.L.C. submits tariff
filing per 154.312: Stingray General Section 4 Rate Case to be
effective 5/1/2011.
    Filed Date: 03/31/2011.

    Accession Number: 20110331-5277.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1958-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, L.L.C. submits tariff
filing per 154.204: MNUS Negotiated Rate Filing to be effective 4/1/
2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5325.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Docket Numbers: RP11-1959-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.204:
Non-Conforming Agreement Filing--Equitable Gas Company, LLC to be
effective 4/1/2011.
    Filed Date: 03/31/2011.
    Accession Number: 20110331-5326.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 12, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 1, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-9308 Filed 4-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25059-25062]
[FR Doc No: 2022-08912]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94774; File No. SR-NASDAQ-2022-032]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Exchange's Transaction Fees at Equity 7, Section 118(a)

April 21, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 12, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's transaction fees at
Equity 7, Section 118, as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
schedule of fees, at Equity 7, Section 118(a), to incent members to
grow the extent to which they participate in Nasdaq's routing strategy
for Designated Retail Orders (``RFTY'').
    RFTY is an order routing option designed to enhance execution
quality and benefit retail investors by providing price improvement
opportunities to Designated Retail Orders (``DROs'').\3\ As set forth
in Equity 7, Section 118(a), for securities in each Tape, the Exchange
presently charges a $0.0030 per share executed fee to a member for
shares executed above 4 million shares during the month for RFTY orders
that remove liquidity from the Nasdaq Market Center or that execute in
a venue with a protected quotation under Regulation NMS other than the
Nasdaq Market Center. For purposes of calculating the 4 million share
threshold described above and assessing the charge set forth herein,
the Exchange excludes RFTY orders that execute at taker-maker venues.
The Exchange charges no fee per share executed to a member for shares
executed up to 4 million shares during the month for RFTY orders that
remove liquidity from the Nasdaq Market Center or that execute in a
venue with a protected quotation under Regulation NMS.
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    \3\ See Securities Exchange Act Release No. 34-75987 (September
25, 2015), 80 FR 59210 (October 1, 2015) (SR-NASDAQ-2015-112). A DRO
is an agency or riskless principal order that meets the criteria of
FINRA Rule 5320.03 and that originates from a natural person and is
submitted to Nasdaq by a member that designates it pursuant to this
rule, provided that no change is made to the terms of the order with
respect to price or side of market and the order does not originate
from a trading algorithm or any other computerized methodology. An
order from a ``natural person'' can include orders on behalf of
accounts that are held in a corporate legal form--such as an
Individual Retirement Account, Corporation, or a Limited Liability
Company--that has been established for the benefit of an individual
or group of related family members, provided that the order is
submitted by an individual. Members must submit a signed written
attestation, in a form prescribed by Nasdaq, that they have
implemented policies and procedures that are reasonably designed to
ensure that substantially all orders designated by the member as
``Designated Retail Orders'' comply with these requirements.
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    In adopting the existing fee structure for RFTY, the Exchange
intended to provide incentives for members to adopt RFTY while also
allowing the Exchange to mitigate the costs it incurs when RFTY routes
large volumes of orders to venues that charge access fees.\4\ Although
the Exchange continues to believe that the RFTY fee structure is
appropriate, it also recognizes that the specter of incurring fees
inhibits new or existing light users of RFTY from increasing their use
of this strategy, even as the Exchange works to augment the value that
RFTY offers. The Exchange now proposes to amend the RFTY fee structure
to provide a new incentive for new or existing light RFTY users to grow
the extent of their use of RFTY during the month.\5\ The Exchange
intends for this new incentive to be temporary,\6\ and hopes that even
after it no longer applies, participants that benefited from it will
continue to make significant use of RFTY, notwithstanding the
associated fees, in recognition of the value it provides to them and
their customers.
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    \4\ See Securities Exchange Act Release No. 34-90164 (October
13, 2020), 85 FR 66379 (October 19, 2020) (SR-NASDAQ-2020-067).
    \5\ The proposed amendment is applicable both to existing RFTY
users as well as to new users that exceed 4 million shares executed
using RFTY during regular market hours during a month. Since new
users would, by definition, lack March 2022 baseline RFTY volume
against which to measure subsequent growth, such new users would
meet the growth requirement through whatever volume of RFTY shares
they execute during regular market hours during the first month of
use.
    \6\ The Exchange has yet to propose a date for sunsetting this
incentive; it will do so in a future rule filing.
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    Specifically, the Exchange proposes to amend Equity 7, Section
118(a) to state that the Exchange will charge no fee per share executed
during regular market hours to a member that executes orders using
RFTY, when the member exceeds the 4 million share executed threshold
for RFTY orders described above, if the member also grows the volume of
its shares executed using RFTY during regular market hours during the
month by at least 100 percent relative to a baseline month of March
2022.\7\ Again, the Exchange intends for this amendment to reward RFTY
users that grow substantially the extent of their use of the RFTY
strategy during regular market hours.\8\
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    \7\ The proposal also corrects typographical errors in the Rule
whereby the Exchange, in several instances, mistakenly refers to
RFTY as ``RTFY.'' The Exchange anticipates submitting another rule
filing in the near future to make the same corrections to other
instances in typographical error in the Rulebook.
    \8\ The Exchange proposes to apply this incentive to members
with shares executed using RFTY during regular market hours, and to
members that grow shares executed using RFTY during regular market
hours, because the Exchange believes that the full functionality and
value of RFTY will be most apparent to members during regular market
hours, when market makers and liquidity providers are available to
execute orders. The Exchange wishes to target use and growth of RFTY
during that time period.
---------------------------------------------------------------------------

    The Exchange notes that those participants that are dissatisfied
with the proposed amendment to the RFTY fee schedule are free to shift
their order flow to competing venues that offer more favorable terms
for routing and executing retail orders. Such participants may also
refrain from using RFTY or adjust their use of RFTY to avoid incurring
execution fees.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,

issuers, brokers, or dealers. The proposal is also consistent with
Section 11A of the Act relating to the establishment of the national
market system for securities.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposal is Reasonable
    The Exchange's proposal is reasonable in several respects. As a
threshold matter, the Exchange is subject to significant competitive
forces in the market for equity securities transaction services that
constrain its pricing determinations in that market. The fact that this
market is competitive has long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .'' \11\
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    \11\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \12\
---------------------------------------------------------------------------

    \12\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
equity security transaction services. The Exchange is only one of
several equity venues to which market participants may direct their
order flow. Competing equity exchanges offer similar tiered pricing
structures to that of the Exchange, including schedules of rebates and
fees that apply based upon members achieving certain volume thresholds.
The Exchange is also subject to intense competition for retail order
flow with off-exchange competitors, including wholesale market makers.
    The Exchange believes its proposed amendment to the RFTY fee
schedule is a reasonable attempt to incent new and existing RFTY users
to grow the extent of their usage substantially. Under the proposed
rule change, RFTY users that grow their volumes of RFTY shares executed
during regular market hours during the month by at least 100 percent
relative to March 2022 will not incur fees for executing their orders
using RFTY during regular market hoursthat [sic] exceed 4 million
shares that month.\13\ The Exchange notes that it employs similar
growth programs in other contexts for similar purposes.\14\
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    \13\ As noted above, the Exchange believes it is reasonable to
apply this incentive to members with shares executed using RFTY
during regular market hours, and to members that grow shares
executed using RFTY during regular market hours, because the
Exchange believes that the full functionality and value of RFTY will
be most apparent to members during regular market hours, when market
makers and liquidity providers are available to execute orders. The
Exchange wishes to target use and growth of RFTY during that time
period.
    \14\ See, e.g., Equity 4, Section 114(j) (Nasdaq Growth
program), Equity 7, Section 118(a) (providing a credit to members
that, among other things, increase the extent of their average daily
volumes of Midpoint Extended Life Orders by 100% or more during the
month relative to June 2021).
---------------------------------------------------------------------------

    The Exchange notes that those participants that are dissatisfied
with the proposed amendment to the RFTY fee schedule are free to shift
their order flow to competing venues that offer more favorable terms
for routing and executing retail orders. Such participants may also
refrain from using RFTY or adjust their use of RFTY to avoid incurring
execution fees.
The Proposal Is an Equitable Allocation of Fees and Is Not Unfairly
Discriminatory
    The Exchange believes its proposal will allocate its charges fairly
among its market participants and is not unfairly discriminatory.
    The Exchange believes that it is an equitable allocation and not
unfairly discriminatory to continue to charge a transaction fee to
certain participants that execute more than 4 million shares using RFTY
during regular market hours during the month, while charging no fees to
other participants that execute similar volumes using RFTY, because in
the latter case, the Exchange's decision to charge no fees during
regular market hours is a reward to participants that double the extent
of the share volume they execute using RFTY during regular market hours
during the month, relative to a baseline month of March 2022.\15\ As
noted above, the Exchange expects this incentive to be a temporary
measure to boost usage in RFTY and to compete for retail order flow. As
also discussed earlier, the Exchange employs similar growth programs in
other contexts for similar purposes.
---------------------------------------------------------------------------

    \15\ As noted above, the proposed incentive program is available
both to new and existing RFTY users, although in practice, the
Exchange expects that only existing users will qualify for it.
---------------------------------------------------------------------------

    The Exchange notes that those participants that are dissatisfied
with the proposed amendment to the RFTY fee schedule are free to shift
their order flow to competing venues that offer more favorable terms
for routing and executing retail orders. Such participants may also
refrain from using RFTY or adjust their use of RFTY to avoid incurring
execution fees.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    The Exchange does not believe that its proposal will
inappropriately burden any category of market participant. Although
under the proposal, the Exchange will charge a transaction fee to
certain participants that execute more than 4 million shares using RFTY
during regular market hours during the month, and charge no fees to
other participants that execute similar volumes using RFTY, the
Exchange believes this is appropriate because in the latter case, the
Exchange's decision to charge no fees is a reward to participants that
double the extent of the share volume they execute using RFTY during
regular market hours during the month, relative a baseline month of
March 2022. As noted above, the Exchange expects this incentive to be a
temporary measure to boost usage in RFTY and to compete for retail
order flow. As also discussed earlier, the Exchange employs similar
growth programs in other contexts for similar purposes.
    Those participants that are dissatisfied with the proposed
amendment to the RFTY fee schedule are free to shift their order flow
to competing venues that offer more favorable terms for routing and
executing retail orders. Such participants may also refrain from using
RFTY or adjust their use of RFTY to avoid incurring execution fees.

Intermarket Competition
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its credits and fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own credits and
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which credit or fee changes in this market may impose any burden on
competition is extremely limited. The proposal is reflective of this
competition.
    Even as one of the largest U.S. equities exchanges by volume, the
Exchange has less than 20% market share, which in most markets could
hardly be categorized as having enough market power to burden
competition. Moreover, as noted above, price competition between
exchanges is fierce, with liquidity and market share moving freely
between exchanges in reaction to fee and credit changes. This is in
addition to free flow of order flow to and among off-exchange venues,
which comprises upwards of 50% of industry volume.
    In sum, if the change proposed herein is unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\16\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2022-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2022-032. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2022-032 and should be submitted
on or before May 18, 2022.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-08912 Filed 4-26-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24194-24195]
[FR Doc No: 2019-10843]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-136, OMB Control No. 3235-0157]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange

Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Form N-8F

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
    Form N-8F (17 CFR 274.218) is the form prescribed for use by
registered investment companies in certain circumstances to request
orders of the Commission declaring that the registration of that
investment company cease to be in effect. The form requests information
about: (i) The investment company's identity, (ii) the investment
company's distributions, (iii) the investment company's assets and
liabilities, (iv) the events leading to the request to deregister, and
(v) the conclusion of the investment company's business. The
information is needed by the Commission to determine whether an order
of deregistration is appropriate.
    The Form takes approximately 5.2 hours on average to complete. It
is estimated that approximately 135 investment companies file Form N-8F
annually, so the total annual burden for the form is estimated to be
approximately 702 hours. The estimate of average burden hours is made
solely for the purposes of the Paperwork Reduction Act and is not
derived from a comprehensive or even a representative survey or study.
    The collection of information on Form N-8F is not mandatory. The
information provided on Form N-8F is not kept confidential. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently-valid OMB
control number.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Charles Riddle, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Candace Kenner, 100 F Street NE, Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: May 20, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-10843 Filed 5-23-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 306-307]
[FR Doc No: 2019-28393]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9048-7]

Environmental Impact Statements; Notice of Availability

    Weekly receipt of Environmental Impact Statements filed December
20, 2019, 10 a.m. EST through December 30, 2019, 10 a.m. EST, pursuant
to 40 CFR 1506.9.
    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/.
    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200000, Final, HCIDLA, CA, Rose Hill Courts Redevelopment
Project, Review Period Ends: 01/23/2020, Contact: Shelly Lo 213-808-
8879

    Under Section 1506.10(d) of the Council on Environmental Quality
Regulations for Implementing the Procedural Provisions of the National
Environmental Policy Act, the U.S. Environmental Protection Agency has
Granted a 10-Day Waiver for the above EIS.

EIS No. 20200001, Final Supplement, NRCS, MO, Little Otter Creek
Watershed Plan Final Supplemental Environmental Impact Statement,
Review Period Ends: 01/13/2020, Contact: Chris Hamilton<PHONE_NUMBER>

    Under Section 1506.10(d) of the Council on Environmental Quality
Regulations for Implementing the Procedural Provisions of the National
Environmental Policy Act, the U.S. Environmental Protection Agency has
Granted a 20-Day Waiver for the above EIS.

EIS No. 20200002, Draft Supplement, USACE, NE, Nebraska Highway 12
Niobrara East and West, Comment Period Ends: 02/18/2020, Contact:
Rebecca Latka<PHONE_NUMBER>

EIS No. 20200003, Draft, TVA, TN, Gallatin Fossil Plant Surface
Impoundment Closure and Restoration Project, Comment Period Ends: 02/
18/2020, Contact: Ashley Farless<PHONE_NUMBER>

    Dated: December 30, 2019.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2019-28393 Filed 1-2-20; 8:45 am]
 BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

	     Issued by the Department of Transportation on September 9, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-10172

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no

additional confirming order will be issued in this matter).

Applicant:  China Eastern Airlines Corporation Limited			Date Filed:
July 12, 2002

Relief requested:  Renewal of China Eastern’s exemption from 49 U.S.C.
41301 to conduct scheduled foreign air transportation of persons,
property and mail between Shanghai and Beijing, on the one hand, and any
point in the United States, on the other hand, pursuant to a code-share
arrangement with American Airlines, Inc.

If renewal, date and citation of last action:  Order 2001-8-16, dated
August 17, 2001, in Docket OST-2001-10172.

Applicant representative:  Evelyn Sahr<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved									Action date:  September 9, 2002

Effective dates of authority granted:  September 9, 2002  -  September
9, 2003

Basis for approval (bilateral agreement/reciprocity):  U.S. China Air
Transport Agreement and 1999 U.S.-China Protocol

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

 X   Standard exemption conditions (attached)         X   Foreign air
carrier permit conditions (Order 92-11-7)

 X   Statement of authorization for Chinese/U.S. carrier code-share
services in Order 2001-8-16, and conditions therein.

X   Special conditions/Remarks:  China Eastern may conduct these
code-share services only to U.S. points selected by the Government of
China under the 1999 U.S.-China Protocol.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that  (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).

U.S. Department of Transportation

Office of the Secretary of Transportation									        (41301/40109)
7/2002

  This was the final order in the 2001 China Code-Share Points Case,
Docket OST-2001-10172.  We subsequently granted China Eastern additional
exemption authority by Notice of Action Taken dated August 23, 2001, in
that docket.


[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Pages 32014-32015]
[FR Doc No: 2022-11337]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-125-000.
    Applicants: Jackpot Holdings LLC.
    Description: Jackpot Holdings LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5080.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: EG22-126-000.
    Applicants: Fence Post Solar Project, LLC.
    Description: Fence Post Solar Project, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5135.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: EG22-127-000.
    Applicants: Ganado Solar, LLC.
    Description: Ganado Solar, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5136.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: EG22-128-000.
    Applicants: Stampede Solar Project, LLC.
    Description: Stampede Solar Project, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5137.
    Comment Date: 5 p.m. ET 6/10/22.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL19-58-013.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance filing to May 13, 2022
Order in EL19-58 with 5 Day Comment Period to be effective 9/29/2021.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5098.
    Comment Date: 5 p.m. ET 5/27/22.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-194-004; ER18-195-004.
    Applicants: American Electric Power Service Corporation, Southwest
Power Pool, Inc., American Electric Power Service Corporation,
Southwest Power Pool, Inc.
    Description: Compliance Filing to March 24, 2022 Order of American
Electric Power Service Corporation.
    Filed Date: 5/19/22.
    Accession Number: 20220519-5172.
    Comment Date: 5 p.m. ET 6/9/22.

    Docket Numbers: ER22-1089-001.
    Applicants: Jackson Generation, LLC.
    Description: Compliance filing: Compliance Filing to be effective
N/A.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5139.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1409-001.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Transmission Company of Illinois.
    Description: Tariff Amendment: Midcontinent Independent System
Operator, Inc. submits tariff filing per 35.17(b): 2022-05-20_ATXI
Amendment Attachment O Transmission Formula Rate to be effective 6/1/
2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5081.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1517-001.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Tariff Amendment: Mid-Atlantic Interstate
Transmission, LLC submits tariff filing per 35.17(b): MAIT's Amendment
revising SA No. 6341 in Docket No. ER22-1517 to be effective 5/31/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5121.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1571-001.
    Applicants: NextEra Energy Transmission New York, Inc., New York
Independent System Operator, Inc.
    Description: Tariff Amendment: NextEra Energy Transmission New
York, Inc. submits tariff filing per 35.17(b): Amendment to NextEra
formula rate filing of new depreciation rate to be effective 6/1/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5071.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1917-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Transmission Company of Illinois.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 2022-
05-20_SA 3826 ATXI-AECI TIA to be effective 5/21/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5063.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1918-000.
    Applicants: ISO New England Inc., New England Power Company.
    Description: Compliance filing: ISO New England Inc. submits tariff
filing per 35: NEP; Compliance to Submit Conformed & Executed 3rd Rev.
TSA-NEP-83 & TSA-NEP-86 to be effective 1/1/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5066.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1919-000.
    Applicants: Long Beach Peakers LLC.
    Description: Tariff Amendment: Notice of Cancellation to be
effective 5/21/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5074.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1920-000.
    Applicants: West Penn Power Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: West Penn Power Company
submits tariff filing per 35.13(a)(2)(iii: West Penn Power Submits
revised IA No. 5327 to be effective 7/20/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5083.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1921-000.
    Applicants: Aragonne Wind LLC.
    Description: Tariff Amendment: Notices of Cancellation and
Withdrawal of Rate Schedule for Aragonne Wind to be effective 5/21/
2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5084.
    Comment Date: 5 p.m. ET 6/3/22.

    Docket Numbers: ER22-1922-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 61 to be effective 7/19/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5086.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1923-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-05-20_Attachment
X_Shared Interconnection Facilities to be effective 7/20/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5103.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1924-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Cooperative Energy NITSA
Amendment Filing (Contract Demand Reduction) to be effective 4/21/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5113.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1925-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
05-20_SA 3028 Ameren IL-Prairie Power 1st Rev Project#16-A Monmouth to
be effective 5/21/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5119.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1926-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, SA No.
4841; Queue No. AC2-136 (amend) to be effective 10/25/2017.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5143.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1927-000.
    Applicants: Bracewell LLP, Sunnybrook Farm Solar, LLC.
    Description: Baseline eTariff Filing: Bracewell LLP submits tariff
filing per 35.12: Application for Market-Based Rate Authorization,
Request for Related Waivers to be effective 8/1/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5156.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1928-000.
    Applicants: Bracewell LLP, Salt City Solar LLC.
    Description: Baseline eTariff Filing: Bracewell LLP submits tariff
filing per 35.12: Application for Market-Based Rate Authorization,
Request for Related Waivers to be effective 8/1/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5158.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1929-000.
    Applicants: Bracewell LLP, ENGIE Solidago Solar LLC.
    Description: Baseline eTariff Filing: Bracewell LLP submits tariff
filing per 35.12: Application for Market-Based Rate Authorization,
Request for Related Waivers to be effective 8/1/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5162.
    Comment Date: 5 p.m. ET 6/10/22.

    Docket Numbers: ER22-1930-000.
    Applicants: Quintessence, LLC, Bracewell LLP.
    Description: Baseline eTariff Filing: Quintessence, LLC submits
tariff filing per 35.12: Application for Market-Based Rate
Authorization, Request for Related Waivers to be effective 7/20/2022.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5164.
    Comment Date: 5 p.m. ET 6/10/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 20, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11337 Filed 5-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Notices]
[Pages 14455-14456]
[FR Doc No: 2021-05372]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-E-1935]

Determination of Regulatory Review Period for Purposes of Patent
Extension; OCS LUNG SYSTEM

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined the regulatory review period for OCS LUNG SYSTEM and is
publishing this notice of that determination as required by law. FDA
has made the determination because of the submission of an application
to the Director of the U.S. Patent and Trademark Office (USPTO),
Department of Commerce, for the extension of a patent which claims that
medical device.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by May 17,
2021. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by September 13,
2021. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before May 17, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of May 17, 2021. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-E-1935 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; OCS LUNG SYSTEM.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit

both copies to the Dockets Management Staff. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with Sec.  10.20 (21 CFR 10.20) and other applicable
disclosure law. For more information about FDA's posting of comments to
public dockets, see 80 FR 56469, September 18, 2015, or access the
information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and continues
until the approval phase begins. The approval phase starts with the
initial submission of an application to market the device and continues
until permission to market the device is granted. Although only a
portion of a regulatory review period may count toward the actual
amount of extension that the Director of USPTO may award (for example,
half the testing phase must be subtracted as well as any time that may
have occurred before the patent was issued), FDA's determination of the
length of a regulatory review period for a medical device will include
all of the testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device OCS LUNG SYSTEM.
OCS LUNG SYSTEM is a portable organ perfusion, ventilation, and
monitoring medical device indicated for the preservation of standard
criteria donor lungs in a near physiologic, ventilated, and perfused
state for double-lung transplantation. Subsequent to this approval, the
USPTO received a patent term restoration application for OCS LUNG
SYSTEM (U.S. Patent No. 6,100,082) from TransMedics, Inc., and the
USPTO requested FDA's assistance in determining this patent's
eligibility for patent term restoration. In a letter dated June 21,
2019, FDA advised the USPTO that this medical device had undergone a
regulatory review period and that the approval of OCS LUNG SYSTEM
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
OCS LUNG SYSTEM is 2,341 days. Of this time, 1,672 days occurred during
the testing phase of the regulatory review period, while 669 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption for this device, under section 520(g) of
the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C.
360j(g)), became effective: October 26, 2011. The applicant claims that
the investigational device exemption (IDE) required under section
520(g) of the FD&C Act for human tests to begin became effective on
March 8, 2012. However, FDA records indicate that the IDE was
determined substantially complete for clinical studies to have begun on
October 26, 2011, which represents the IDE effective date.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): May 23,
2016. The applicant claims April 28, 2016, as the date the premarket
approval application (PMA) for OCS LUNG SYSTEM (PMA P160013) was
initially submitted. However, FDA records indicate that PMA P160013 was
submitted on May 23, 2016.
    3. The date the application was approved: March 22, 2018. FDA has
verified the applicant's claim that PMA P160013 was approved on March
22, 2018.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,687 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: March 9, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-05372 Filed 3-15-21; 8:45 am]
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