[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Pages 36444-36447]
[FR Doc No: 2020-12900]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89039; File No. SR-OCC-2020-803]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of No Objection To Advance Notice Related to Changes to the
Options Clearing Corporation's Non-Bank Repo Facility Program as Part
of Its Overall Liquidity Plan

June 10, 2020.

I. Introduction

    On April 15, 2020, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') advance
notice SR-OCC-2020-803 (``Advance Notice'') pursuant to Section
806(e)(1) of

Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, entitled Payment, Clearing and Settlement Supervision Act of 2010
(``Clearing Supervision Act'') \1\ and Rule 19b-4(n)(1)(i) \2\ under
the Securities Exchange Act of 1934 (``Exchange Act'') \3\ concerning
OCC's overall program and requirements for executing one or more
committed repurchase arrangements with non-bank, non-clearing
institutional investors.\4\ The Advance Notice was published for public
comment in the Federal Register on May 22, 2020,\5\ and the Commission
has received no comments regarding the changes proposed in the Advance
Notice. The Commission is hereby providing notice of no objection to
the Advance Notice.
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    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
    \3\ 15 U.S.C. 78a et seq.
    \4\ See Notice of Filing infra note 5, at 85 FR 31235.
    \5\ Securities Exchange Act Release No. 88906 (May 19, 2020), 85
FR 31235 (May 22, 2020) (File No. SR-OCC-2020-803) (``Notice of
Filing'').
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II. Background \6\
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    \6\ Capitalized terms used but not defined herein have the
meanings specified in OCC's Rules and By-Laws, available at https://www.theocc.com/about/publications/bylaws.jsp.
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    Currently, OCC's liquidity plan provides it with access to a
diverse set of funding sources to help it manage its daily settlement
obligations, including in the event of a default of a Clearing Member.
Those sources include (i) a syndicated credit facility,\7\ (ii) a
master repurchase agreement with a bank counterparty (``Bank Repo
Facility''),\8\ and (iii) Clearing Members' Cash Clearing Fund
Requirement.\9\ In addition, as a fourth funding source, OCC's
liquidity plan also includes a program for executing one or more
committed repurchase arrangements with non-bank, non-clearing
institutional investors (i.e., no counterparty may be a Clearing Member
or affiliated bank). Those arrangements, taken together, constitute
OCC's ``Non-Bank Repo Facility.'' \10\
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    \7\ See Exchange Act Release No. 85924 (May 23, 2019), 84 FR
25089 (May 30, 2019) (SR-OCC-2019-803).
    \8\ See Exchange Act Release No. 88317 (Mar. 4, 2020), 85 FR
13681 (Mar. 9, 2020) (SR-OCC-2020-801).
    \9\ See OCC Rule 1002 (requiring Clearing Members to
collectively contribute $3 billion in cash to the Clearing Fund),
available at https://www.theocc.com/components/docs/legal/rules_and_bylaws/occ_rules.pdf.
    \10\ See Exchange Act Release No. 73979 (Jan. 2, 2015), 80 FR
1062 (Jan. 8, 2015) (SR-OCC-2014-809) (``Notice of No Objection to
2014 Advance Notice''); Exchange Act Release No. 76821 (Jan. 4,
2016), 81 FR 3208 (Jan. 20, 2016) (SR-2015-805) (``Notice of No
Objection to 2015 Advance Notice'').
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    As noted, OCC relies on its funding sources, including the
commitments under the Non-Bank Repo Facility, as potential sources of
liquidity to manage the default of a Clearing Member. In the event that
one funding source changes, OCC has flexibility to adjust its other
sources accordingly. For example, if one of OCC's Non-Bank Repo
Facility commitments expires, OCC would have several options to replace
that commitment within OCC's liquidity plan, including (i) executing
one or more other commitments under the Non-Bank Repo Facility, (ii)
exercising the accordion feature under the syndicated credit
facility,\11\ (iii) temporarily increasing the Cash Clearing Fund
Requirement, and (iv) executing a new master repurchase agreement with
other bank counterparties, similar to the current Bank Repo Facility.
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    \11\ An accordion is an uncommitted expansion of a credit
facility generally on the same terms as the credit facility. See
Securities Exchange Act Release No. 88690 (Apr. 20, 2020), 85 FR
23095, 23098 n. 12] (Apr. 24, 2020) (File No. SR-OCC-2020-003). For
example, the existing master confirmations under OCC's Non-Bank Repo
Facility, totaling $1 billion, expired on January 2, 2020 and
January 6, 2020. In anticipation of their expiration, OCC exercised
an accordion feature under its syndicated credit facility to
increase the amount from $2 billion to $2.5 billion. See Notice of
Filing, 85 FR at 31236.
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    Each counterparty that participates in OCC's Non-Bank Repo Facility
executes an industry standard master repurchase agreement (``MRA'') as
well as an individual confirmation containing the tailored terms and
conditions of transactions executed between OCC and that specific
counterparty.\12\ The specific parameters that OCC may accept in an
individual confirmation are limited as part of the Non-Bank Repo
Facility program. As discussed in more detail below, OCC now proposes
to modify those parameters so that the Non-Bank Repo Facility could
encompass confirmations for committed repurchase transactions of
different funding commitment amounts with a range of commitment term
periods, something that is not permitted under the current Non-Bank
Repo Facility program.
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    \12\ While the form and content of the MRAs signed by all
counterparties would include the same terms, the individual
confirmation signed by a specific counterparty would vary in that it
would set forth the term and maximum dollar amounts of the
transactions permitted under the relevant MRA.
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    Current Non-Bank Repo Facility program. Commitments under the
current Non-Bank Repo Facility program reduce the concentration of
OCC's counterparty exposure by diversifying its lender base. OCC may
only enter into confirmations with institutional investors that are not
Clearing Members or affiliated banks, such as pension funds or
insurance companies, which commits OCC to obtaining funding without
further concentrating its exposure to funding sources such as banks,
broker/dealers, or futures commission merchants that are affiliated
with Clearing Members. Further, commitments provided as part of the
existing Non-Bank Repo Facility program are required to include certain
terms and conditions. For example, an institutional investor
participating in the Non-Bank Repo Facility is obligated to enter into
repurchase transactions even if OCC experiences a material adverse
change.\13\ Additionally, a counterparty is required to make funds
available to OCC within 60 minutes of OCC's delivering eligible
securities, and the counterparty is not permitted to rehypothecate
purchased securities.\14\ None of these existing requirements would
change in connection with OCC's proposed modifications to the Non-Bank
Repo Facility program. The parameters of the current Non-Bank Repo
Facility program also include the aggregate funding commitment amount
that OCC may seek as well as the duration of commitments made under the
Non-Bank Repo Facility.\15\ Currently, under the Non-Bank Repo Facility
program, OCC may seek aggregate commitment amounts of no less than $1
billion and no greater than $1.5 billion.\16\ Confirmations under the
current Non-Bank Repo Facility program are limited to a commitment term
greater than or equal to 364-days. These parameters--aggregate
commitment amount and commitment term -are the primary subject of the
Advance Notice.
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    \13\ When included in a contract, a ``material adverse change''
is typically defined as a change that would have a materially
adverse effect on the business or financial condition of a company.
    \14\ See Notice of No Objection to 2014 Advance Notice, 80 FR at
1064.
    \15\ See Notice of No Objection to 2015 Advance Notice, 81 FR at
3208.
    \16\ The parameter under the facility was initially $1 billion.
OCC altered the parameters of the facility to allow it to seek
aggregate commitment amounts between $1 billion and $1.5 billion.
See Notice of No Objection to 2015 Advance Notice, 81 FR at 3208.
The increase to the aggregate commitment amount was made as part of
OCC's plan to transition from a single $1 billion confirmation to
two confirmations of $500 million with staggered expiration dates.
See id. at 3209 (discussing the extension of the existing
confirmation and the execution of a second confirmation).
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    Proposed changes. OCC has determined that it is necessary to amend
the terms of the Non-Bank Repo Facility to give itself more flexibility
in negotiating and obtaining a broader range of funding arrangements
across a broader range of counterparties. Those amendments would result
in two changes to the parameters of the Non-

Bank Repo Facility. First, OCC proposes to set the new aggregate
commitment amount it may seek under the Non-Bank Repo Facility program
at $1 billion, lowered from $1.5 billion, so that OCC may negotiate
individual commitment amounts, each less than $1 billion, with multiple
counterparties. OCC's Board has consistently authorized OCC to seek
commitment amounts up to an aggregate amount of $1 billion since 2016
even though the Non-Bank Repo Facility gives OCC discretion to seek
aggregate commitment amounts of up to $1.5 billion. OCC proposes to
modify the Non-Bank Repo Facility program to align the program's
parameters with the commitment amount approved by OCC's Board (i.e., $1
billion). The proposal would allow OCC to seek commitments even if such
commitments would not bring the aggregate commitment amount of the Non-
Bank Repo Facility up to $1 billon.
    Second, OCC proposes to provide more flexibility in its ability to
negotiate different terms for different individual commitments that
make up the Non-Bank Repo Facility. Based on negotiations with
potential institutional investors, OCC believes there would be an
interest from OCC's potential counterparties for committing to a term
of less than one year.\17\ OCC proposes to provide itself flexibility
to execute different commitments with different terms that could be
less than 364 days, as opposed to the current uniform 364-day term
period, so that OCC can negotiate to obtain funding commitment from a
given counterparty. For example, such a term could be for a fixed
duration of less than one year or an open-ended term that allows for
termination subject to a notice period.
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    \17\ See Notice of Filing, 85 FR at 31237 n. 18. OCC provided
information about the current status of negotiations with potential
counterparties in a confidential Exhibit 3b to File No. SR-OCC-2020-
803. See id.
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    The proposal would require that, to execute or renew a transaction
under the Non-Bank Repo Facility, the OCC Board would review the
proposed commitment term and authorize OCC management to enter into or
renew such transactions. The length of the term or notice period OCC
would be willing to accept would be conditioned on factors including,
but not limited to, the initial committed length of the term, market
conditions, and OCC's liquidity needs. OCC represented that it would be
unlikely to accept a fixed term shorter than three months or a rolling
term with a notice period shorter than six months.\18\
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    \18\ In 2019, OCC's only counterparty under the Non-Bank Repo
Facility decided not to renew its commitments, and two master
confirmations totaling $1 billion expired on January 2, 2020 and
January 6, 2020. Based on this experience, OCC believes that a six-
month notice period provides sufficient time to allow OCC to
reallocate liquidity resources to address a confirmation's
termination. See Notice of Filing, 85 FR at 31237.
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    Other than these two amendments OCC is not proposing changes to any
other parameters or requirements of the Non-Bank Repo Facility.

III. Commission Findings and Notice of No Objection

    Although the Clearing Supervision Act does not specify a standard
of review for an advance notice, the stated purpose of the Clearing
Supervision Act is instructive: To mitigate systemic risk in the
financial system and promote financial stability by, among other
things, promoting uniform risk management standards for SIFMUs and
strengthening the liquidity of SIFMUs.\19\
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    \19\ See 12 U.S.C. 5461(b).
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    Section 805(a)(2) of the Clearing Supervision Act authorizes the
Commission to prescribe regulations containing risk management
standards for the payment, clearing, and settlement activities of
designated clearing entities engaged in designated activities for which
the Commission is the supervisory agency.\20\ Section 805(b) of the
Clearing Supervision Act provides the following objectives and
principles for the Commission's risk management standards prescribed
under Section 805(a): \21\
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    \20\ 12 U.S.C. 5464(a)(2).
    \21\ 12 U.S.C. 5464(b).
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     To promote robust risk management;
     to promote safety and soundness;
     to reduce systemic risks; and
     to support the stability of the broader financial system.
    Section 805(c) provides, in addition, that the Commission's risk
management standards may address such areas as risk management and
default policies and procedures, among other areas.\22\
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    \22\ 12 U.S.C. 5464(c).
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    The Commission has adopted risk management standards under Section
805(a)(2) of the Clearing Supervision Act and Section 17A of the
Exchange Act (the ``Clearing Agency Rules'').\23\ The Clearing Agency
Rules require, among other things, each covered clearing agency to
establish, implement, maintain, and enforce written policies and
procedures that are reasonably designed to meet certain minimum
requirements for its operations and risk management practices on an
ongoing basis.\24\ As such, it is appropriate for the Commission to
review advance notices against the Clearing Agency Rules and the
objectives and principles of these risk management standards as
described in Section 805(b) of the Clearing Supervision Act. As
discussed below, the Commission believes the changes proposed in the
Advance Notice are consistent with the objectives and principles
described in Section 805(b) of the Clearing Supervision Act,\25\ and in
the Clearing Agency Rules, in particular Rule 17Ad-22(e)(7).\26\
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    \23\ 17 CFR 240.17Ad-22. See Securities Exchange Act Release No.
68080 (Oct. 22, 2012), 77 FR 66220 (Nov. 2, 2012) (S7-08-11). See
also Covered Clearing Agency Standards, 81 FR 70786. The Commission
established an effective date of December 12, 2016 and a compliance
date of April 11, 2017 for the Covered Clearing Agency Standards.
OCC is a ``covered clearing agency'' as defined in Rule 17Ad-
22(a)(5).
    \24\ 17 CFR 240.17Ad-22.
    \25\ 12 U.S.C. 5464(b).
    \26\ 17 CFR 240.17Ad-22(e)(7).
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A. Consistency With Section 805(b) of the Clearing Supervision Act

    The Commission believes that the proposal contained in OCC's
Advance Notice is consistent with the stated objectives and principles
of Section 805(b) of the Clearing Supervision Act. Specifically, as
discussed below, the Commission believes that the changes proposed in
the Advance Notice are consistent with promoting robust risk management
in the area of liquidity risk, promoting safety and soundness, reducing
systemic risks, and supporting the stability of the broader financial
system.\27\
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    \27\ 12 U.S.C. 5464(b).
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    The Commission believes that the proposed changes are consistent
with promoting robust risk management, in particular the management of
liquidity risk presented to OCC. As a central counterparty and a
SIFMU,\28\ it is imperative that OCC have adequate resources to be able
to satisfy liquidity needs arising from its settlement obligations,
including in the event of a Clearing Member default.\29\ To support
this objective, OCC proposes to amend the existing provisions of the
Non-Bank Repo Facility in two ways. First, OCC proposes to reduce the
aggregate commitment amount it may seek under the Non-Bank Repo
Facility program so that OCC may negotiate individual commitment
amounts, each less than $1 billion, with multiple counterparties rather
than being effectively required to coordinate negotiations to obtain
one or more funding commitment amounts--all executed concurrently--
totaling at

least $1 billion. Second, OCC proposes to expand the scope of the
permissible commitment term for confirmations executed under the Non-
Bank Repo Facility program to offset institutional investors'
reservations about committing liquidity for extended periods of time.
The Commission believes that approving these two changes would give OCC
greater flexibility under the Non-Bank Repo Facility to obtain
additional liquidity resources in the form of commitments under the
Non-Bank Repo Facility. Further, the Commission believes that the
flexibility to obtain resources specifically through the Non-Bank Repo
Facility would help OCC maintain diversity among its liquidity
resources because a counterparty under the Non-Bank Repo Facility could
not be a Clearing Member or affiliated bank. Therefore, the Commission
believes that the Advance Notice enhances and further diversifies OCC's
access to liquidity resources, which in turn would strengthen OCC's
overall ability to manage its liquidity risk exposures. As such, the
Commission believes that the proposal would promote robust liquidity
risk management at OCC consistent with Section 805(b) of the Clearing
Supervision Act.\30\
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    \28\ See Financial Stability Oversight Council (``FSOC'') 2012
Annual Report, Appendix A, available at https://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf.
    \29\ See Notice of No Objection to 2014 Advance Notice, 80 FR at
1065.
    \30\ 12 U.S.C. 5464(b).
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    The Commission also believes that the changes proposed in the
Advance Notice are consistent with promoting safety and soundness,
reducing systemic risks, and promoting the stability of the broader
financial system. As described above, the proposal would give OCC more
flexibility to negotiate liquidity commitments across a range of
potential counterparties that are not otherwise Clearing Members. As
previously discussed, to address liquidity needs arising from a
Clearing Member default, OCC maintains as liquidity resources the Bank
Repo Facility (where the counterparty is an affiliate of two Clearing
Members), the syndicated credit facility (where many of the lenders are
Clearing Members), and the Cash Clearing Fund Requirement (which is
funded exclusively by Clearing Members).\31\ Giving OCC more
flexibility to diversify liquidity providers in the form of new funding
commitments under the Non-Bank Repo Facility reduces the potential
concentration of liquidity pressure that OCC, the Clearing Members and
their clients could face in the event of a Clearing Member default.
This reduced reliance upon the Clearing Members as the primary source
of liquidity resources available to OCC to manage a Clearing Member
default in turn enhances OCC's overall ability to manage the liquidity
needs arising from such an event or other events that could arise
contemporaneously. Therefore, the Commission believes that the Advance
Notice promotes the safety and soundness of OCC, enhances OCC's ability
to manage systemic risk that could arise in the event of a Clearing
Member default, and thus supports the broader financial system. As
such, the Commission believes it is consistent with promoting safety
and soundness, reducing systemic risks, and promoting the stability of
the broader financial system as contemplated in Section 805(b) of the
Clearing Supervision Act.\32\
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    \31\ See Exchange Act Release No. 88120 (Feb. 5, 2020), 85 FR
7812, 7814 n. 19 (Feb. 11, 2020) (File No. SR-OCC-2020-801) (stating
that OCC exercised an accordion feature under its syndicated credit
facility in anticipation of the expiration of confirmations under
the Non-Bank Repo Facility).
    \32\ 12 U.S.C. 5464(b).
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    Accordingly, and for the reasons stated above, the Commission
believes the changes proposed in the Advance Notice are consistent with
Section 805(b) of the Clearing Supervision Act.\33\
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    \33\ 12 U.S.C. 5464(b).
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B. Consistency With Rule 17Ad-22(e)(7) Under the Exchange Act

    Rule 17Ad-22(e)(7)(ii) under the Exchange Act requires that a
covered clearing agency establish, implement, maintain, and enforce
written policies and procedures reasonably designed to effectively
measure, monitor, and manage the liquidity risk that arises in or is
borne by the covered clearing agency, including measuring, monitoring,
and managing its settlement and funding flows on an ongoing and timely
basis, and its use of intraday liquidity by, at a minimum, holding
qualifying liquid resources sufficient to meet the minimum liquidity
resource requirement under Rule 17Ad-22(e)(7)(i) in each relevant
currency for which the covered clearing agency has payment obligations
owed to clearing members.\34\ The term ``qualifying liquid resources''
includes assets that are readily available and convertible into cash
through prearranged funding arrangements, such as, committed
arrangements without material adverse change provisions, including,
among others, repurchase agreements.\35\
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    \34\ 17 CFR 240.17Ad-22(e)(7)(ii).
    \35\ 17 CFR 240.17Ad-22(a)(14)(ii)(3).
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    Because the Non-Bank Repo Facility provides OCC with prearranged
commitments to convert assets into cash even if OCC experiences a
material adverse change, the Commission believes that the Non-Bank Repo
Facility provides OCC access to qualifying liquid resources to the
extent that OCC has sufficient collateral to access the facility.\36\
The Commission believes, therefore, that the proposed changes to the
aggregate commitment level of and potential term of commitments under
the Non-Bank Repo Facility program are reasonably designed to support
OCC's ability to hold qualifying liquid resources to meet its liquidity
resource requirements consistent with the requirements of Rule 17Ad-
22(e)(7)(ii) under the Exchange Act.\37\
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    \36\ OCC would use U.S. government securities that are included
in Clearing Fund contributions by Clearing Members and margin
deposits of any Clearing Member that has been suspended by OCC for
the repurchase arrangements. See Notice of Filing, 85 FR at 31235 n.
9.
    \37\ 17 CFR 240.17Ad-22(e)(7)(ii).
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    Accordingly, the Commission believes that implementation of the
Non-Bank Repo Facility would be consistent with Rule 17Ad-22(e)(7)
under the Exchange Act.\38\
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    \38\ 17 CFR 240.17Ad-22(e)(7).
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IV. Conclusion

    It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Clearing Supervision Act, that the Commission DOES NOT OBJECT to
Advance Notice (SR-OCC-2020-803) and that OCC is AUTHORIZED to
implement the proposed change as of the date of this notice.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12900 Filed 6-15-20; 8:45 am]
BILLING CODE 8011-01-P


A Federal Advisory Committee for the U. S. Environmental Protection Agency's Office of Research and Development June 8, 2006 COMPUTATIONAL TOXICOLOGY SUBCOMMITTEE DRAFT AGENDA June 19 20, 2006 U. S. EPA Research Triangle Park ( RTP) Campus EPA Main Building ( Room C113) 109 T. W. Alexander Drive Research Triangle Park, NC 27711 Monday, June 19, 2006 9: 00 a. m.  9: 30 a. m. Registration 9: 30 a. m.  9: 45 a. m. Welcome and Introductions Dr. George Daston, Subcommittee Chair  DFO Remarks Lori Kowalski, ORD 9: 45 a. m.   10: 00 a. m. ORD Welcome and Comments Dr. George Gray, Administrator for Office of Research and Development 10: 00 a. m.  10: 45 a. m. Programmatic Overviews  Computational Toxicology Dr. Robert Kavlock, Research Program ( CTRP) Director, NCCT/ Dr. Jerry Implementation Plan and Blancato, Deputy Director, National Center for Computational NCCT Toxicology ( NCCT) Activities 10: 45 a. m.  11: 00 a. m. Discussion Comp Tox Subcommittee 11: 00 a. m.   12: 00 noon Science to Achieve Results ( STAR) Bioinformatics Center Overviews  University of North Carolina ( UNC) Dr. Fred Wright, UNC at Chapel Hill Bioinformatics Center  University of Medicine and Dentistry Dr. William Welsh, UMDNJ of New Jersey ( UMDNJ) Bioinformatics Center 12: 00 noon   12: 30 p. m. Discussion Comp Tox Subcommittee BOSC COMPUTATIONAL TOXICOLOGY SUBCOMMITTEE JUNE 2006 DRAFT MEETING AGENDA 2 12: 30 p. m.   1: 30 p. m. Lunch 1: 30 p. m.   3: 30 p. m. Selected Research Project Presentations  ToxCast Dr. Keith Houck, NCCT  Virtual Liver Dr. Rory Conolly, NCCT  Toxicogenomics Dr. David Dix, NCCT 3: 30 p. m. 4: 00 p. m. Break 4: 00 p. m.   5: 00 p. m. Communities of Practice  Chemoinformatics Dr. Ann Richard, NCCT  Chemical Prioritization Dr. David Dix, NCCT  Biological Modeling Dr. Hugh Barton, NCCT  Cumulative Risk ( proposal) Dr. Elaine Hubal, NCCT 5: 00 p. m.   5: 30 p. m. Discussion Comp Tox Subcommittee 5: 30 p. m. Adjourn Tuesday, June 20, 2006 9: 00 a. m.  11: 00 a. m. Poster Session ( 16 posters) Comp Tox Subcommittee/ Meeting Participants 11: 00 a. m.   11: 30 a. m. Discussion Comp Tox Subcommittee  Highlights from posters  General 11: 30 a. m.   11: 45 a. m. Public Comment 11: 45 a. m.   12: 30 noon Subcommittee Work Time Comp Tox Subcommittee 12: 30 p. m.   1: 30 p. m. Lunch 1: 30 p. m.   2: 45 p. m. Subcommittee Work Time Comp Tox Subcommittee 2: 45 p. m.   3: 15 p. m. Wrap Up  Presentation of Preliminary Dr. George Daston, Findings Subcommittee Chair  Draft Letter Report  Action Items 3: 15 p. m Adjourn


[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Notices]
[Page 54610-54612]
[DOCID:fr22oc09-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60824; File No. SR-FINRA-2009-066]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Adopt
FINRA Rule 2251 (Forwarding of Proxy and Other Issuer-Related
Materials) in the Consolidated FINRA Rulebook

October 14, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``SEA'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on October 2, 2009, Financial Industry Regulatory Authority,
Inc. (``FINRA'') (f/k/a National Association of Securities Dealers,
Inc. (``NASD'')) 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 FINRA.
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

    FINRA is proposing to adopt without material change NASD Rule 2260
(Forwarding of Proxy and Other Materials) and NASD IM-2260 (Approved
Rates of Reimbursement) in the consolidated FINRA rulebook. The
proposed rule change would combine NASD Rule 2260 and NASD IM-2260 into
a single rule that would be renumbered as FINRA Rule 2251 in the
consolidated FINRA rulebook.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\3\ FINRA is proposing to adopt
without material change NASD Rule 2260 (Forwarding of Proxy and Other
Materials) and NASD Interpretive Material (``IM'') 2260 (Approved Rates
of Reimbursement) in the Consolidated FINRA Rulebook. The proposed rule
change would combine NASD Rule 2260 and NASD IM-2260 into a single rule
that would be renumbered as FINRA Rule 2251 in the Consolidated FINRA
Rulebook.
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    \3\ The current FINRA rulebook consists of: (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
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(A) Background
    NASD Rule 2260 sets forth certain requirements with respect to the
transmission of proxy materials and other communications to beneficial
owners of securities and the limited circumstances in which members are
permitted to vote proxies without instructions from those beneficial
owners. NASD IM-2260 regulates the reimbursement that members are
entitled to receive in connection with forwarding proxy materials and
other communications.
(1) NASD Rule 2260
    NASD Rule 2260(a) sets forth the general obligation of members to
transmit proxy and related materials. The rule provides that members
must, in connection with an equity security, forward promptly \4\ or,
in connection with a debt security, make reasonable efforts to forward
promptly certain information to the beneficial owner,\5\ or

the beneficial owner's designated investment adviser,\6\ if the member
carries the account in which the security is held for the beneficial
owner and the security is registered in a name other than the name of
the beneficial owner (i.e., the member holds the security in ``street
name'').
---------------------------------------------------------------------------

    \4\ SEA Rule 14b-1(b)(2) requires that broker-dealers must
forward proxy and other specified materials no later than five
business days after receipt.
    \5\ Under paragraph (e) of the rule, a member's duty under Rule
2260(a) applies provided the member: is furnished with sufficient
copies of the material (e.g., annual reports, information statements
or other material sent to security holders) by the issuer,
stockholder or trustee; is requested by the issuer, stockholder or
trustee to forward the material to security holders; and receives
satisfactory assurance that it will be reimbursed by the issuer,
stockholder or trustee for all out-of-pocket expenses, including
reasonable clerical expenses. Rule 2260(e)(2) provides that
paragraph (e) does not apply to beneficial owners residing outside
the U.S. The rule states that members may voluntarily comply with
the rule's provisions with respect to such persons if they wish.
    \6\ The term ``designated investment adviser'' is defined in
paragraph (f) of the rule.
---------------------------------------------------------------------------

    With respect to proxy materials, NASD Rule 2260(c)(1) generally
requires that whenever an issuer or stockholder of the issuer
soliciting proxies timely furnishes to a member sufficient copies of
all soliciting material, as well as satisfactory assurance that it will
reimburse the member for all out-of-pocket expenses, the member must
transmit promptly to each beneficial owner of stock of the issuer that
is in its possession or control all the material furnished. The rule
addresses what must be included with the proxy materials and
incorporates by reference certain recordkeeping requirements under SEA
Rule 17a-4.
    NASD Rule 2260(b) generally prohibits a member from giving a proxy
to vote stock that is registered in its name unless the member is the
beneficial owner of the stock (i.e., the rule generally bars members
from giving proxies to vote without instructions from the beneficial
owner). However, the rule sets forth certain exceptions. Rule
2260(c)(2) provides that a member may give a proxy to vote any stock
pursuant to the rules of any national securities exchange to which the
member is also responsible \7\ provided that the records of the member
clearly indicate the procedure it is following.\8\ (Similar to Rule
2260(e)(2), Rule 2260(c)(3) provides that the rule's proxy transmission
requirements do not apply to beneficial owners residing outside the
U.S. The rule states that members may voluntarily comply with the
rule's provisions with respect to such persons if they wish.) Rule
2260(d)(1) provides that a member may give a proxy to vote any stock
registered in its name if the member holds the stock as executor,
administrator, guardian, trustee, or in a similar representative or
fiduciary capacity with authority to vote. Rule 2260(d)(3) generally
permits any member designated by a named Employee Retirement Income
Security Act of 1974 (as amended) (``ERISA'') Plan fiduciary as the
investment manager of stock held as assets of the ERISA Plan to vote
the proxies in accordance with the ERISA Plan fiduciary
responsibilities, subject to certain conditions. Further, the rule
permits designated investment advisers to vote the proxies.
---------------------------------------------------------------------------

    \7\ The phrase ``national securities exchange to which the
member is also responsible'' refers to a national securities
exchange to which the member belongs. See Securities Exchange Act
Release No. 35681 (May 5, 1995), 60 FR 25749 (May 12, 1995) (Order
Approving Proposed Rule Change; File No. SR-NASD-95-06); see also
Notice to Members 95-45 (June 1995).
    \8\ FINRA notes that, with respect to compliance by Dual
Members, the SEC recently approved amendments to non-Incorporated
NYSE Rules (i.e., NYSE Rules that were not incorporated by FINRA
into its rulebook) that eliminate discretionary voting by brokers
under certain circumstances. See Securities Exchange Act Release No.
60215 (July 1, 2009), 74 FR 33293 (July 10, 2009) (Order Approving
Proposed Rule Change; File No. SR-NYSE-2006-92).
---------------------------------------------------------------------------

(2) NASD IM-2260
    IM-2260 addresses the rates of reimbursement that are considered
reasonable for purposes of Rule 2260 in connection with the rule's
forwarding obligations. The IM has been amended a number of times, most
recently in 2003 for the purpose of aligning the IM's requirements with
the fee structures adopted by the NYSE and Amex.\9\ Broadly, the IM
addresses three areas:
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 47392 (February 21,
2003), 68 FR 9730 (February 28, 2003) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change; File No. SR-NASD-
2003-019).
---------------------------------------------------------------------------

     IM-2260(a) provides that members, in addition to charges
specified in IM-2260(a)(1) through (5),\10\ also are entitled to
receive reimbursement for certain postage and stationery costs, as well
as certain communication expenses incurred in receiving voting returns
either telephonically or electronically;
---------------------------------------------------------------------------

    \10\ IM-2260(a)(1) through (5) specify the charges for: (1)
initial proxy and/or annual report mailings; (2) proxy follow-up
mailings; (3) providing beneficial ownership information; (4)
interim report, post meeting report and other material mailings; and
(5) incentive fees (fees with respect to each account where the
member has eliminated the need to send materials in paper format
through the mails).
---------------------------------------------------------------------------

     IM-2260(b) reminds members that NASD Rule 2430 requires
that any charges must be reasonable.\11\ The IM provides that members
may request reimbursement of expenses at less than the approved rates;
however, no member may seek reimbursement at rates higher than the
approved rates or for items or services not specifically listed in the
IM without the prior notification to and consent of the person
soliciting proxies or the company;
---------------------------------------------------------------------------

    \11\ NASD Rule 2430 provides, among other things, that charges
for services performed must be ``reasonable'' and ``not unfairly
discriminatory between customers.'' (FINRA will address Rule 2430 at
a later phase in the rulebook consolidation process.)
---------------------------------------------------------------------------

     IM-2260(c) generally permits members to avoid transmitting
multiple copies of materials to beneficial owners having more than one
account or sharing the same address, provided members comply with
applicable SEC rules.
(B) Proposal
    FINRA believes that NASD Rule 2260 and IM-2260 provide effective
protection to investors. Accordingly, FINRA proposes to combine the two
rules, without material change, into a single rule that would be
renumbered as FINRA Rule 2251 in the Consolidated FINRA Rulebook.\12\
The proposed rule change would make minor clarifying changes and other
changes primarily to reflect the new formatting and terminology
conventions of the Consolidated FINRA Rulebook.\13\ In addition,
because a number of requirements set forth by the rule also are
addressed by the SEC's proxy rules, the proposed rule change would add
language where appropriate to remind members that they are obligated to
comply both with the FINRA rule and applicable SEC rules and/or
guidance. With respect to the requirement set forth in NASD Rule
2260(a) that members forward those materials that are properly
furnished to the member, the proposed rule change would clarify that
firms are required to forward the materials subject to paragraphs (c)
and (e) of the rule, as applicable. With respect to NASD Rule
2260(c)(2)'s provisions allowing a member to give a proxy to vote any
stock pursuant to the rules of ``any national securities exchange to
which the member is also responsible,'' proposed FINRA Rule 2251 would
read ``any national securities exchange of which it is a member.''
FINRA believes the latter expression is clearer and reflects FINRA's
longstanding interpretation of the rule language.\14\
---------------------------------------------------------------------------

    \12\ NASD IM-2260 would be redesignated as Supplementary
Material within proposed FINRA Rule 2251.
    \13\ For example, the language in NASD Rule 2260(a) stating that
a member ``has an inherent duty'' to forward materials would be
revised to state that a member ``shall'' forward such materials.
Further, the proposed rule change would move the footnoted
provisions defining the terms ``ERISA'' and ``state'' to the rule
text, and the footnoted provision regarding verification of
investment advisers would be redesignated as Supplementary Material.
    \14\ See note 7 supra.
---------------------------------------------------------------------------

    FINRA will announce the implementation date of the proposed

rule change in a Regulatory Notice to be published no later than 90
days following Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\15\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change would
further the purposes of the Act because, as part of the Consolidated
FINRA Rulebook, the proposed rule change will protect investors and the
public interest by addressing the forwarding of proxy and other issuer-
related materials.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-066 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2009-066. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2009-066 and should be
submitted on or before November 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25427 Filed 10-21-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Notices]
[Page 14507]
[FR Doc No: 2014-05724]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9907-84-Region-10]

Final Modification of the National Pollutant Discharge
Elimination System (NPDES) General Permit (GP) for Small Suction
Dredges in Idaho, IDG370000

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final notice of modification of a general permit.

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SUMMARY: When the 2013 General Permit (GP) was issued, the language of
the GP contained a discrepancy with the total maximum daily load (TMDL)
that was issued for Mores Creek. The Environmental Protection Agency
(EPA) proposed to modify the permit on December 18, 2013, and provided
a 45 day comment period. EPA prepared a Response to Comments and
modified the GP so it now includes the tributaries of Mores, Elk or
Grimes creeks in the loading allocations of the TMDL and a list of
these tributaries in Appendix F.

DATES: The modified GP will be effective on April 14, 2014.

ADDRESSES: Copies of the modified general permit, Statement of Basis
and Response to Comments are available upon request. Requests may be
made to Tracy DeGering at<PHONE_NUMBER> or to Cindi Godsey at (907)
271-6561. Requests may also be electronically mailed to:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>    Written requests may be submitted to EPA, Region 10, 1200 Sixth
Avenue, Suite 900, OWW-130, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: The GP, Statement of Basis and
Response to Comments along with detailed maps and other useful
information may be found on the Region 10 Web site at: http://yosemite.epa.gov/r10/water.nsf/npdes+permits/idsuction-gp.

SUPPLEMENTARY INFORMATION:
    Executive Order 12866: The Office of Management and Budget has
exempted this action from the review requirements of Executive Order
12866 pursuant to Section 6 of that order.
    Regulatory Flexibility Act: Under the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601 et seq., a Federal agency must prepare an initial
regulatory flexibility analysis ``for any proposed rule'' for which the
agency ``is required by section 553 of the Administrative Procedure Act
(APA), or any other law, to publish general notice of proposed
rulemaking.'' The RFA exempts from this requirement any rule that the
issuing agency certifies ``will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' EPA has
concluded that NPDES general permits are permits, not rulemakings,
under the APA and thus not subject to APA rulemaking requirements or
the RFA. Notwithstanding that general permits are not subject to the
RFA, EPA has determined that these general permits, as issued, will not
have a significant economic impact on a substantial number of small
entities.

    Dated: March 5, 2014.
Daniel D. Opalski,
Director, Office of Water & Watersheds, Region 10, U.S. Environmental
Protection Agency.
[FR Doc. 2014-05724 Filed 3-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Pages 31307-31310]
[FR Doc No: 2021-12230]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10022-63-OCFO]

Privacy Act of 1974; System of Records

AGENCY: Office of the Chief Financial Officer (OCFO), Environmental
Protection Agency (EPA).

ACTION: Notice of a new system of records.

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

SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
the Chief Financial Officer, Office of Technology Solutions is giving
notice that it proposes to create a new system of records pursuant to
the provisions of the Privacy Act of 1974. The e-Recovery system of
records (EPA-90) is being created to replace the Superfund Cost
Recovery Package Imaging and On-Line System (SCORPIOS) system of
records (EPA-39). The e-Recovery system will be used to organize cost
information and produce reports that summarize the costs for a specific
Superfund Response or Oil Removal site, and will also be used to track
Federal Emergency Management Agency (FEMA) mission assignment costs.
The information previously stored in SCORPIOS will be stored in the e-
Recovery system.

DATES: Persons wishing to comment on this system of records notice must
do so by July 12, 2021. New routine uses for this new system of records
will be effective July 12, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No., EPA-HQ-
OMS-2019-0649 by one of the following methods:
    Regulations.gov: www.regulations.gov. Follow the online
instructions for submitting comments.
    Email<EMAIL_ADDRESS>Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OMS-
2019-0649. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Controlled Unclassified Information (CUI) or other information for
which disclosure is restricted by statute. Do not submit information
that you consider to be CUI or otherwise protected through
www.regulations.gov. The www.regulations.gov website is an ``anonymous
access'' system for the EPA, which means the EPA will not know your
identity or contact information. If you submit an electronic comment,
the EPA recommends that you include your name and other contact
information in the body of your comment. If the EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider

your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the OMS
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
NW, Washington, DC 20460. The Public Reading Room is normally open from
8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal holidays.
The telephone number for the Public Reading Room is<PHONE_NUMBER>, and
the telephone number for the OMS Docket is<PHONE_NUMBER>.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andrew Lam, Ronald Reagan Building,
1300 Pennsylvania Ave. NW, Washington, DC 20460, Office of Chief
Financial Officer,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has the authority to recover costs
associated with its response to releases or threatened releases of
hazardous substances, or discharges or threatened discharges of oil.
EPA will use the e-Recovery system to organize and produce reports
detailing this cost information. To support the recovery of certain
removal costs associated with threatened or actual discharges of oil,
EPA submits a Cost Recovery Package (CRP) to the U.S. Coast Guard
(USCG). Previously, EPA used SCORPIOS to prepare the CRP; however,
because SCORPIOS uses old technology that has become difficult and
expensive for the Agency to maintain, the SCORPIOS system will be
replaced with the more modern e-Recovery system. SCORPIOS will be
decommissioned once e-Recovery goes live.

SYSTEM NAME AND NUMBER:
    e-Recovery, EPA-90.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    109 T.W. Alexander Drive, NCC Building, Durham, NC 27711.

SYSTEM MANAGER(S):
    Michael Clanton, Director, Office of Technology Solutions, (202)
564-1084<EMAIL_ADDRESS>Ronald Reagan Building, 1300
Pennsylvania Ave. NW, Washington, DC 20460.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. 9607; 5 U.S.C. 301; 31 U.S.C. 3512; Executive
Order 9397 (Nov. 22, 1943); Federal Water Pollution Control Act, as
amended by the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act), 33 U.S.C. 1321; National Oil and Hazardous
Substances Pollution Contingency Plan, 40 CFR part 300.

PURPOSE(S) OF THE SYSTEM:
    The e-Recovery system will maintain and organize cost information
associated with responding to releases or threatened releases of
hazardous substances or discharges or threatened discharges of oil, and
will be used to track FEMA mission assignment costs. EPA will use the
information stored in this system to produce cost reports, which will
be used to support the Agency's recovery of its clean-up costs from
responsible parties. EPA, the U.S. Department of Justice, and the U.S.
Coast Guard will also use this information for litigation support
purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EPA employees, EPA contractors, non-EPA government personnel, state
and local government personnel and/or private citizens.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The e-Recovery system will store the following information: Social
security number, name, home address, credit card number, other credit
card information, driver's license number, other personal
identification numbers (i.e., home phone numbers, membership numbers,
personal license plates, etc.) and other personal information related
to travel expenses such as home addresses, credit card numbers, and
other recoverable expense items.

RECORD SOURCE CATEGORIES:
    The primary source of data for e-Recovery is the Compass Data
Warehouse (CDW). CDW is a system that consolidates financial data from
several enterprise systems, such as Compass, Integrated Grants
Management System (IGMS), People Plus, EPA Acquisition System (EAS),
and Payment Tracking System (PTS), into a single relational database.
All of the data that resides in the CDW originates from the enterprise
systems and is a duplicate of data from the original source.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system (73 FR 2245): General routine
uses A, F, G, H, I, K, L, and M.
    A. Disclosure for Law Enforcement Purposes: Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
    F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
    4. The United States, if the Agency determines that litigation is
likely to

affect the Agency or any of its components,

    Is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
    G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals:
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
    K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
    L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) the Agency suspects or has
confirmed that there has been a breach of the system of records, (2)
the Agency has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Agency
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Agency's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
    M. Disclosure to Assist Another Agency in Its Efforts to Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when the Agency determines that information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically in computer databases
and backup disks. Incremental backups run weeknights (Monday through
Thursday), full backups run every weekend (Friday PM through Monday
AM). These backups are maintained at the National Computer Center
(NCC), 109 T.W. Alexander Drive, Durham, NC 27711.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by employee last name, pay period, and
Superfund site identification number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    EPA will retain and dispose of these records in accordance with the
National Archives and Records Administration General Records Schedule
and EPA Records Schedule 0052, NARA Disposal Authority: DAA-GRS-2013-
0003-0001. e-Recovery records are retained for at least 30 years after
the completion of all cost recovery at a given Superfund Site.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal and/or sensitive data in
the e-Recovery system are commensurate with those required for an
information system rated MODERATE for confidentiality, integrity, and
availability, as prescribed in National Institute of Standards and
Technology (NIST) Special Publication, 800-53, ``Security and Privacy
Controls for Federal Information Systems and Organizations,'' Revision
5.
    1. Administrative Safeguards: EPA employees and contractors are
required to complete annual agency Information Security and Privacy
training. EPA employees and contractors are instructed to lock their
computers when they leave their desks.
    2. Technical Safeguards: Computer records are maintained in a
secure password protected environment. Access to computer records is
limited to those who have a need to know. Personal Identification
Verification (PIV) card is required to get access to e-Recovery.
Permission level assignments allow users access only to those functions
for which they are authorized.
    3. Physical Safeguards: All records are maintained in secure,
access-controlled areas or buildings.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information in this system of records
about themselves are required to provide adequate identification (e.g.,
driver's license, military identification card, employee badge or
identification card). Additional identity verification procedures may
be required, as warranted. Requests must meet the requirements of EPA
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.

CONTESTING RECORDS PROCEDURES:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records
contains a record about him or her, should make a written request to
the EPA, Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave.
NW, Washington, DC 20460<EMAIL_ADDRESS>
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Federal Register: October 1, 2001 (Volume 66, Number 190).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-12230 Filed 6-10-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26536-26537]
[FR Doc No: 2012-10774]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP12-630-000.
    Applicants: Great Lakes Gas Transmission Limited Partnership.
    Description: Great Lakes Gas Transmission Limited Partnership
Annual Operational Purchases and Sales Report for 2011.
    Filed Date: 4/24/12.
    Accession Number: 20120424-5108.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-631-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Change of Business FAX Number to be effective 5/25/
2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5000.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-632-000.
    Applicants: Questar Pipeline Company.
    Description: Change of Business FAX Number to be effective 5/25/
2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5001.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-633-000.
    Applicants: Questar Southern Trails Pipeline Company.
    Description: Change of Business FAX Number to be effective 5/25/
2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5002.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-634-000.
    Applicants: White River Hub, LLC.
    Description: Change of Business FAX Number to be effective 5/25/
2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5003.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-635-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Removal of Expiring Negotiated Rate Agreements to be
effective 5/1/2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5065.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-636-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Modify 90 Day Rule to be effective 6/1/2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5092.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-637-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Antero 2 to Tenaska 461 Capacity Release Negotiated
Rate Agreement filing to be effective 5/1/2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5096.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-638-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Amendment to Negotiated Rate Agreement--Southwestern
27434 to be effective 5/1/2012.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5133.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-639-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: Gas Transmission Northwest LLC submits tariff filing
per 154.204: Maps 2012 to be effective 5/28/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5047.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-640-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Portland Natural Gas Transmission System submits
tariff filing per 154.204: Maps 2012 to be effective 5/28/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5048.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-641-000.
    Applicants: ANR Storage Company.
    Description: ANR Storage Company Operational Purchases and Sales of
Gas Report for 2011.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5069.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-642-000.
    Applicants: Blue Lake Gas Storage Company.
    Description: Blue Lake Gas Storage Company Operational Purchases
and Sales of Gas Report for 2011.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5070.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-643-000.
    Applicants: Bison Pipeline LLC.
    Description: Bison Pipeline LLC Operational Purchases and Sales of
Gas Report for 2011.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5071.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-644-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Iberdrola Energy Negotiated Rate to be
effective 5/1/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5076.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-645-000.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits tariff filing per
154.204: Maps 2012 to be effective 5/28/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5109.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-646-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits tariff filing per
154.204: 20120426 DCP and Eagle Rock Non-conforming to be effective 5/
27/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5126.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-647-000.
    Applicants: CenterPoint Energy--Mississippi River Transmission,
LLC.
    Description: CenterPoint Energy--Mississippi River Transmission,
LLC submits tariff filing per 154.204: Negotiated Rates Filing 5/1/2012
for CES 3641 and LER 3621 to be effective 5/1/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5133.
    Comments Due: 5 p.m. ET 5/8/12.

    Docket Numbers: RP12-648-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Company submits tariff
filing per 154.204: 2012 April Revisions to be effective 4/1/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5134.
    Comments Due: 5 p.m. ET 5/8/12.

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

Filings in Existing Proceedings

    Docket Numbers: RP12-88-002.
    Applicants: National Fuel Gas Supply Corporation.
    Description: RP12-88 Interim Settlement Rates to be effective 5/1/
2012.
    Filed Date: 4/24/12.
    Accession Number: 20120424-5109.
    Comments Due: 5 p.m. ET 5/7/12.

    Docket Numbers: RP12-624-001.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits tariff filing
per 154.205(b): TETLP 2012 Tariff Map Filing Amendment to be effective
5/21/2012.
    Filed Date: 4/26/12.
    Accession Number: 20120426-5114.
    Comments Due: 5 p.m. ET 5/8/12.

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

    Dated: April 26, 2012 .
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-10774 Filed 5-3-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 27, 2007 (Volume 72, Number 81)]
[Notices]
[Page 21060-21062]
[DOCID:fr27ap07-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55652; File No. SR-NASDAQ-2007-021]

Self-Regulatory Organizations; The NASDAQ Stock Market, LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule To
Describe How a Failure To Comply With Nasdaq's Requirements Concerning
Direct Registration Programs Is Treated

April 20, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 6, 2007, The NASDAQ
Stock Market, LLC (``Nasdaq'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change described in Items
I, II, and III below, which items have been prepared primarily by
Nasdaq. Nasdaq filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \2\ and

Rule 19b-4(f)(6) \3\ thereunder so that the proposal was effective upon
filing with the Commission.\4\ The Commission is publishing this notice
to solicit comments on the rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(6).
    \4\ Nasdaq gave the Commission written notice of its intention
to file the proposed rule change on March 2, 2007. The Commission
reviewed the proposed rule change and gave Nasdaq permission to file
the proposed rule change on March 6, 2007. Nasdaq has asked the
Commission to waive the 30-day pre-operative waiting period. See
Rule 19b-4(f)(6). 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The purpose of the rule change is to describe how a failure to
comply with Nasdaq's requirements concerning direct registration
programs is to be treated.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq has prepared summaries, set forth in sections
(A), (B), and (C) below, of the most significant aspects of these
statements.\5\
---------------------------------------------------------------------------

    \5\ The Commission has modified the text of the summaries
prepared by Nasdaq.
---------------------------------------------------------------------------

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

1. Purpose
    Nasdaq recently adopted a requirement that listed securities be
eligible to participate in a direct registration program.\6\ In that
filing, Nasdaq inadvertently failed to modify its procedural rules to
govern how a failure to comply with the new requirement would be
treated. This filing addresses that oversight by including the direct
registration requirement in the list of deficiencies where Nasdaq staff
will accept a plan to regain compliance for the company. As such, if a
company is not eligible for a direct registration program, Nasdaq staff
would review the company's plan to regain compliance and could allow to
company up to 105 days from the date that Nasdaq notifies the company
of the deficiency to regain compliance.\7\ If staff does not accept the
company's plan or the company does not comply in the time allowed by
the staff, Nasdaq would issue a delisting letter that could be appealed
under Nasdaq Rule 4805(a).
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 54288 (August 8, 2006),
71 FR 47276 (August 16, 2006) (SR-NASDAQ-2006-008). These rules
became effective for new listings beginning on January 1, 2007, and
will become effective for all companies on January 1, 2008.
    \7\ Nasdaq Rule 4803(b).
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act \8\ and with Section 6(b)(5) of
the Act \9\ in particular because the proposed rule is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The proposed rule change
clarifies how Nasdaq will treat non-compliance with its rules.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-
4(f)(6) \11\ thereunder because it: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of filing or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
    Nasdaq requested that the Commission waive the thirty-day operative
delay contained in Rule 19b-4(f)(6)(iii) under the Act.\12\ Because
this proposed rule rectifies an oversight to update Nasdaq procedural
rules to govern how a failure to comply with a new substantive
requirement would be treated, the Commission believes waiver of the
thirty-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission
designated the proposal to be effective and operative upon filing with
the Commission.\13\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the thirty-day operative delay
of this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-021 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2007-021. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Section, 100 F Street, NE., Washington, DC 20549. Copies of
such filings also will be available for inspection and copying at the
principal office of Nasdaq and on Nasdaq's Web site at http://www.complinet.com/file_store/pdf/rulebooks/NASDAQ_SR-NASDAQ-2007-021.pdf.
 All comments received will be posted without change; the

Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2007-021 and should be submitted on or before May 18, 2007.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8055 Filed 4-26-07; 8:45 am]

BILLING CODE 8010-01-P


<!DOCTYPE HTML PUBLIC "-//-//W3C//DTD HTML 3.2//EN">

<META name="generator" content="Document">
<META name="creation-date" content="02/01/2009 08:07:53 ">
<TITLE>Document</TITLE>

6
Federal Register /Vol. 74, No. 1 /Friday, January 2, 2009 /Rules and Regulations
have been infested with or exposed to
fever ticks, may be imported from
Mexico for admission into the United
States, except into areas of Texas
quarantined because of said disease or
tick infestation as specified in §72.5 of
this chapter, either at one of the land
border ports in Texas listed in
§93.403(c) or at the port of Santa
Teresa, NM, provided that the following
conditions are strictly observed and
complied with:
* * * * *
Done in Washington, DC, this 22nd day of
December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–31212 Filed 12–31–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
[Docket No. FDA–2008–N–0039]
New Animal Drugs for Use in Animal
Feeds; Tiamulin
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY:
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of two supplemental new
animal drug applications (NADAs) filed
by Novartis Animal Health US, Inc. The
supplemental NADAs provide for
removal of a 250-pound weight
restriction and the addition of a
reproductive caution statement to
labeling of tiamulin medicated feeds
used for the treatment or control of
certain bacterial enteric diseases in
swine.
DATES:
This rule is effective January 2,
2009.
FOR FURTHER INFORMATION CONTACT:
Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV–130), Food
and Drug Administration, 7500 Standish
Pl., Rockville, MD 20855, 240–276–
8341, e-mail:
<a href="http://mailto:cindy.burnsteel<EMAIL_ADDRESS>.
SUPPLEMENTARY INFORMATION:
Novartis
Animal Health US, Inc., 3200 Northline
Ave., suite 300, Greensboro, NC 27408,
filed a supplement to NADA 139–472
for DENAGARD (tiamulin) Medicated
Premixes used for the treatment or
control of certain bacterial enteric
diseases in swine. Novartis Animal
Health US, Inc., also filed a supplement
to NADA 141–011 for the use of
DENAGARD (tiamulin) Medicated
Premixes and Chlortetracycline Type A
medicated articles to manufacture 2-way
combination drug medicated swine
feeds used for the treatment or control
of certain bacterial enteric diseases. The
supplemental NADAs provide for
removal of a 250-pound weight
restriction and the addition of a
reproductive caution statement to
labeling. The supplemental NADAs are
approved as of December 9, 2008, and
21 CFR 558.600 is amended to reflect
the approval.
Approval of these supplemental
NADAs did not require review of
additional safety or effectiveness data or
information. Therefore, a freedom of
information summary is not required.
The agency has determined under 21
CFR 25.33 that these actions are of a
type that do not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801 808.
List of Subjects in 21 CFR Part 558
Animal drugs, animal feeds.
■
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
■
1. The authority citation for 21 CFR
part 558 continues to read as follows:
Authority: 21 U.S.C. 360b, 371.
■
2. In §558.600, revise paragraphs
(d)(2) and (e)(1)(i) to read as follows:
§558.600
Tiamulin.
* * * * *
(d) * * *
(2) The effects of tiamulin on swine
reproductive performance, pregnancy,
and lactation have not been determined.
* * * * *
(e) * * *
(1) * * *
Tiamulin grams per
ton
Combination in grams per ton
Indications for use
Limitations
Sponsor
(i) 10 ......................
..............................................
For increased rate of weight gain
and improved feed efficiency.
Feed continuously as the sole
ration. Not for use in swine
weighing over 250 pounds.
058198
*******
* * * * *
Dated: December 22, 2008.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. E8–31128 Filed 12–31–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 866
[Docket No. FDA–2008–N–0517]
Medical Devices; Immunology and
Microbiology Devices; Classification of
Enterovirus Nucleic Acid Assay
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY:
The Food and Drug
Administration (FDA) is classifying
enterovirus nucleic acid assay into class
II (special controls). The special control
that will apply to the device is the
guidance document entitled ‘‘Class II
Special Controls Guidance Document:
Nucleic Acid Amplification Assay for
the Detection of Enterovirus RNA’’
(ribonucleic acid). The agency is
classifying the device into class II
(special controls) in order to provide a
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