[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Page 63547]
[FR Doc No: 2015-26541]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-3-000]

NRG Power Marketing LLC v. Midcontinent Independent System
Operator, Inc.; Notice of Complaint

    Take notice that on October 9, 2015, pursuant to sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824(e) and 825(e) and Rule 206
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206, NRG Power Marketing LLC
(Complainant), filed a formal complaint against Midcontinent
Independent System Operator, Inc. (MISO or Respondent), alleging that
the Respondent violated its Open Access Transmission, Energy and
Operating Reserve Markets Tariff by collapsing the Commercial Pricing
Nodes in the MISO South region, thereby nullifying the value of
Financial Transmission Rights purchased by the Complainant, as more
fully explained in the complaint.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondent as listed on the Commission's list
of corporate officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic 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 email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 29, 2015.

    Dated: October 13, 2015.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2015-26541 Filed 10-19-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Notices]
[Page 66390-66391]
[DOCID:fr15de09-103]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending November 28, 2009

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.).
    The due date for Answers, Conforming Applications, or Motions to
Modify Scope are set forth below for each application. Following the
Answer period DOT may process the application by expedited procedures.
Such procedures may consist of the adoption of a show-cause order, a
tentative order, or in appropriate cases a final order without further
proceedings.
    Docket Number: DOT-OST-2009-0310.
    Date Filed: November 24, 2009.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: November 23, 2009.
    Description: Application of Jin Air Company, Limited ``Jin Air''
requesting an exemption and foreign air carrier permit authorizing Jin
Air to engage in scheduled foreign air transportation of persons,
property and mail between

Seoul, Republic of Korea, on the one hand, and the United States
territory of Guam, on the other hand. Jin Air also requests authority
to operate charters.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. E9-29774 Filed 12-14-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register: May 6, 2010 (Volume 75, Number 87)]
[Notices]
[Page 25012-25013]
[DOCID:fr06my10-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62011; File No. SR-BSECC-2010-001]

Self-Regulatory Organizations; Boston Stock Exchange Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Regarding Amendments to the By-Laws of The NASDAQ OMX
Group, Inc.

April 30, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on April 9, 2010, the Boston
Stock Exchange Clearing Corporation (``BSECC'') 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 BSECC. BSECC filed the proposal 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. The Commission is publishing this notice to solicit
comments on the rule change from interested parties.
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    \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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BSECC is filing the proposed rule change relating to amendments to
the By-Laws of its parent corporation The NASDAQ OMX Group, Inc.
(``NASDAQ OMX'').\4\
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    \4\ Article Eighth, Paragraph B of the Restated Certificate of
Incorporation of NASDAQ OMX and Section 11.3 of the By-Laws provides
that proposed amendments to the By-Laws are to be reviewed by the
Board of Directors of each regulatory subsidiary of NASDAQ OMX and
under certain circumstances be filed with the Commission.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, BSECC 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. BSECC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\5\
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    \5\ The Commission has modified the text of the summaries
prepared by BSECC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ OMX has proposed making certain amendments to its By-Laws to
make improvements in its governance. In SR-NASDAQ-2010-025, The NASDAQ
Stock Market LLC (``NASDAQ Exchange'') sought and received Commission
approval to adopt these By-Laws changes as part of the rules of NASDAQ
Exchange.\6\ BSECC is now submitting this filing regarding these By-Law
changes. The text of the changes to the By-Laws of NASDAQ OMX can be
viewed at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/pdf/bsecc-
filings/2010/SR-BSECC-2010-001.pdf.
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    \6\ Securities Exchange Act Release No. 61876 (April 8, 2010),
75 FR 19436 (April 14, 2010) (SR-NASDAQ-2010-025).
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    The NASDAQ OMX By-Laws previously provided that each director
receiving a plurality of the votes at any election of directors at
which a quorum was present was duly elected to the board of directors
(``Board''). Under Corporate Governance Guidelines adopted by the
Board, however, any director in an uncontested election who received a
greater number of votes ``withheld'' from his or her election than
votes ``for'' such election was required to tender his or her
resignation promptly following receipt of the certification of the
stockholder vote. The NASDAQ OMX Nominating & Governance Committee
(``Nominating & Governance Committee'') then considered the resignation
offer and recommended to the Board whether or not to accept it. Within
90 days after the certification of the election results, the Board
determined whether to accept or reject the resignation. Promptly
thereafter, the Board announced its decision by means of a press
release. In a contested election (i.e., where the number of nominees
exceeded the number of directors to be elected), the unqualified
plurality standard controlled.
    Uncontested Election:
    NASDAQ OMX recently amended its by-laws to adopt a majority vote
standard. Specifically By-Law Article IV, Section 4.4 was amended to
provide that in an uncontested election, directors shall be elected by
holders of a majority of the votes cast at any meeting for the election
of directors at which a quorum is present.\7\ Under the majority voting
standard, a nominee who fails to receive the requisite vote will not be
duly elected to the Board. The By-Laws also now require that any
incumbent director nominee, as a condition to his or her nomination for
reelection to the Board, must submit in writing an irrevocable
resignation, the effectiveness of which is conditioned upon the
director's failure to receive the requisite vote in any uncontested
election and the Board's acceptance of the resignation. Acceptance of
the resignation by the Board shall be in accordance with the policies
and procedures adopted by the Board for such purpose.
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    \7\ NASDAQ OMX also amended its Corporate Governance Guidelines
to reflect the majority vote standard for uncontested director
elections.
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    Contested Election:
    NASDAQ OMX codified its process for a contested election. The
directors will continue to be elected by a plurality vote in a
contested election. There is no change to the process for contested
elections because if a majority voting standard were to apply in a
contested election, the likelihood of a ``failed election'' (i.e., a
situation in which no director receives the requisite vote) would be
more pronounced. Moreover, the rationale underpinning the majority
voting policy does not apply in contested elections where stockholders
are offered a choice among competing candidates. Directors are elected
by a plurality of votes present in person or represented by proxy at a
meeting convened for that purpose. The directors who receive the
greatest number of votes cast will be elected.
    General Election Requirements:
    The following requirements apply to elections of directors and were
not amended. Each share of common stock has one vote,\8\ subject to the
voting limitation in NASDAQ OMX's certificate of incorporation that
generally prohibits a holder from voting in excess of 5% of the total
voting power of NASDAQ OMX.\9\ In addition, each note holder is
entitled to the number of votes equal to the number of shares of common
stock into which such note could be converted on the record date,
subject to the 5% voting

limitation contained in the certificate of incorporation.
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    \8\ NASDAQ OMX Certificate of Incorporation at Article IV,
C.1(a).
    \9\ NASDAQ OMX Certificate of Incorporation at Article IV,
C.1(b)2.
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    At a meeting to elect directors, the presence of holders of a
majority (greater than 50%) of NASDAQ OMX voting securities constitutes
a quorum. Presence may be in-person or by proxy. Any securities not
voted will not impact the vote.
2. Statutory Basis
    BSECC believes that the proposed rule change is consistent with
Section 17A of the Act,\10\ as amended, and with Section 17A(b)(3)(A)
of the Act,\11\ in particular, because it is designed to ensure that
BSECC is so organized and has the capacity to be able to facilitate the
prompt and accurate clearance and settlement of securities transactions
and to enforce compliance by its participants with the rules of the
clearing agency.
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    \10\ 15 U.S.C. 78q-1.
    \11\ 15 U.S.C. 78q-1(b)(3)(A).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    BSECC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change were not and
are not intended to be solicited or received. BSECC will notify the
Commission of any written comments received by BSECC.

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 \12\ and Rule 19b-
4(f)(6) \13\ thereunder because the proposed rule change does not (i)
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. At
any time within sixty 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
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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-BSECC-2010-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BSECC-2010-001. 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 web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filings also will be
available for inspection and copying at the principal office of BSECC
and on BSECC's Web site at http://nasdaqomxbx.cchwallstreet.com/
NASDAQOMXBX/pdf/bsecc-filings/2010/SR-BSECC-2010-001.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-BSECC-2010-001
and should be submitted on or before May 27, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10645 Filed 5-5-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Pages 929-931]
[FR Doc No: 2013-00015]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. P-1892-026, P-1855-045 and P-1904-073; Project Nos. P-
1889-081 and P-2485-063]

TransCanada Hydro Northeast Inc.; FirstLight Hydro Generating
Company; Notice of Intent To File License Application, Filing of Pre-
Application Document (PAD), Commencement of Pre-Filing Process, and
Scoping; Request for Comments on the PAD and Scoping Document, and
Identification of Issues and Associated Study Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project Nos.: P-1892-026, P-1855-045, P-1904-073, P-1889-081,
and P-2485-063.
    c. Dated Filed: October 31, 2012.
    d. Submitted By: TransCanada Hydro Northeast Inc. (P-1892-026, P-
1855-045, and P-1904-073); FirstLight Hydro Generating Company (P-1889-
081, and P-2485-063).
    e. Names of Projects: Wilder Project (P-1892-026), Bellows Falls
Project (P-1855-045), Vernon Project (P-1904-073), Turners Falls
Project (P-1889-081), Northfield Mountain Pumped Storage Project (P-
2485-063).
    f. Location: The Wilder Project is located on the Connecticut River
in Orange and Windsor Counties, Vermont (VT) and Grafton County, New
Hampshire (NH).
    The Bellows Falls Project is located on the Connecticut River in
Windham County, VT and Cheshire County, NH.
    The Vernon Project is located on the Connecticut River in Windsor
and Windham Counties, VT and Sullivan and Cheshire Counties, NH.
    The Turners Falls Project and Northfield Mountain Pumped Storage

Project are located on the Connecticut River in Franklin County,
Massachusetts (MA), Windham County, VT and Cheshire County, NH. The
Turners Falls impoundment on the Connecticut River is also the lower
reservoir for the Northfield Mountain Pumped Storage Project.
    The Turners Falls Project is the only project that includes federal
lands. Approximately 20 acres of federally-owned lands are associated
with the Department of the Interior's U.S. Geological Survey (USGS)
Conte Laboratory, located within the Turners Falls project boundary.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Applicant Contacts: Wilder, Bellows Falls, and Vernon Projects--
John Ragonese, Relicensing Project Manager, TransCanada Hydro Northeast
Inc., 4 Park Street, Suite 402, Concord, NH 03301,<PHONE_NUMBER>, or
email<EMAIL_ADDRESS>    Turners Falls and Northfield Mountain Pumped Storage Projects--John
S. Howard, Director--FERC Hydro Compliance, FirstLight Hydro Generating
Company, Northfield Mountain Station, 99 Millers Falls Road,
Northfield, MA 01360,<PHONE_NUMBER> or email
<EMAIL_ADDRESS>    i. FERC Contact: Ken Hogan at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) the U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402, and (b) the State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating TransCanada Hydro Northeast
Inc., and FirstLight Hydro Generating Company as the Commission's non-
federal representatives for carrying out informal consultation,
pursuant to section 7 of the Endangered Species Act and section 106 of
the National Historic Preservation Act for their respective projects.
    m. Both TransCanada Hydro Northeast Inc., and FirstLight Hydro
Generating Company filed with the Commission a Pre-Application
Documents (PAD; including a proposed process plan and schedule),
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. Copies of the PADs are available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the project
specific docket number, excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the addresses in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to these or other pending projects. For assistance, contact
FERC Online Support.
    o. With this notice, we are soliciting comments on the PADs and the
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the addresses above in paragraph h. In addition, all comments on the
PAD and SD1, study requests, requests for cooperating agency status,
and all communications to and from Commission staff related to the
merits of the potential application must be filed with the Commission.
Documents may be filed electronically via the Internet. See 18 CFR
Sec.  385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    All filings with the Commission must clearly identify the following
on the first page as appropriate: Wilder Project No. 1892-026, Bellows
Falls Project No. 1855-045, Vernon Project No. 1904-073, Turners Falls
Project No. 1889-081), and/or Northfield Mountain Pumped Storage
Project No. 2485-063, and bear the appropriate heading: ``Comments on
Pre-Application Document,'' ``Study Requests,'' ``Comments on Scoping
Document 1,'' ``Request for Cooperating Agency Status,'' or
``Communications to and from Commission Staff.'' Any individual or
entity interested in submitting study requests, commenting on the PAD
or SD1, and any agency requesting cooperating status must do so by
March 1, 2013.
    p. Scoping Process: The Commission intends to prepare a multi-
project Environmental Impact Statement (EIS) for the projects'
licensing in accordance with the National Environmental Policy Act
(NEPA). The EIS will consider both site-specific and cumulative
environmental impacts and reasonable alternatives to the proposed
actions.

Scoping Meetings

    Commission staff will hold six project specific scoping meetings in
the vicinity of each project at the times and places noted below. The
daytime meetings will focus on resource agency, Indian tribes, and non-
governmental organization concerns, while the evening meetings are
primarily for receiving input from the public. We invite all interested
individuals, organizations, and agencies to attend one or both of the
meeting types, and to assist staff in identifying particular study
needs, as well as the scope of environmental issues to be addressed in
the environmental document. The times and locations of these meetings
are as follows:

Wilder Project--Evening Scoping Meeting

    Date & Time: Monday January 28, 2013 at 7:00 p.m.
    Location: Kilton Public Library, 80 Main Street, West Lebanon, NH
03784,<PHONE_NUMBER>.
    For directions please visit: http://www.leblibrary.com/getting-here.

Wilder & Bellows Falls Projects--Joint Daytime Scoping Meeting

    Date & Time: Tuesday, January 29, 2013 at 9:00 a.m.
    Location: Kilton Public Library, 80 Main Street, West Lebanon, NH
03784,<PHONE_NUMBER>.
    For directions please visit: http://www.leblibrary.com/getting-here.

Bellows Falls--Evening Scoping Meeting

    Date & Time: Tuesday, January 29, 2013 at 7:00 p.m.
    Location: Bellows Falls Middle School, 15 School St., Bellows
Falls, VT 05101.
    For directions please call Bev Baldasaro at<PHONE_NUMBER>.

Vernon, Northfield Mountain, and Turners Falls Projects--Joint Daytime
Scoping Meeting

    Date & Time: Wednesday, January 30, 2013 at 9:00 a.m.
    Location: Great Falls Discovery Center, 2 Avenue A., Turners Falls,
MA 01376,<PHONE_NUMBER>.
    For directions please visit: http://www.greatfallsma.org/.

Vernon Project--Evening Scoping Meeting

    Date & Time: Wednesday, January 30, 2013 at 7:00 p.m.
    Location: Marlboro College Graduate School, 28 Vernon Street,
Brattleboro, VT 05301, Grad School Common Area, 1st Floor, (802) 258-
9200.
    For directions please visit: http://gradschool.marlboro.edu/contact/.

Northfield Mountain and Turners Falls Projects--Joint Scoping Evening
Meeting

    Date & Time: Thursday, January 31, 2013 at 6:00 p.m.
    Location: Great Falls Discovery Center, 2 Avenue A., Turners Falls,
MA 01376,<PHONE_NUMBER>.
    For directions please visit: http://www.greatfallsma.org/.
    In addition to the six project specific scoping meetings identified
above, we will hold a public scoping meeting specifically to identify
cumulatively effected resources and to help identify the incremental
effect of licensing these five Connecticut River projects with other
past, present and reasonably foreseeable future actions within the
Connecticut River Basin. We invite all interested agencies, Indian
tribes, NGOs, and individuals to attend the Cumulative Effects scoping
meeting to assist us in identifying cumulatively effected resources and
the associated geographic scope that should be analyzed in the EIS. The
time and location of that meeting is:

Connecticut River Projects' Cumulative Effects--Daytime Scoping Meeting

    Date & Time: Thursday, January 31, 2013 at 9:00 a.m.
    Location: Great Falls Discovery Center, 2 Avenue A., Turners Falls,
MA 01376,<PHONE_NUMBER>.
    For directions please visit: http://www.greatfallsma.org/.
    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of SD1 will be
available at the scoping meetings, or may be viewed on the Web at
http://www.ferc.gov, using the ``eLibrary'' link. Follow the directions
for accessing information in paragraph n. Based on all oral and written
comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a
revised process plan and schedule, as well as a list of issues,
identified through the scoping process.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

Environmental Site Review

    An environmental site review is typically held in conjunction with
the Commission's NEPA scoping meetings. However, Commission staff
anticipated that access to some project facilities would be limited by
winter weather conditions during the early part of 2013 when scoping
for these projects was scheduled. For this reason, and to provide all
interested stakeholders an opportunity to view the projects'
facilities, the Commission hosted the environmental site reviews in
October 2012, before the onset of winter. Public notice of the
environmental site reviews was issued on August 3, 2012, and published
in eight newspapers from the Connecticut River projects' region. The
site visits were widely attended by individuals representing, local,
state, and federal government agencies, NGOs, and members of the
public. At this time, the Commission does not intend to host any future
environmental site reviews for these five Connecticut River projects.

    Dated: December 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-00015 Filed 1-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Notices]
[Pages 14870-14871]
[FR Doc No: 2016-06192]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0024]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0065

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting approval of
revisions to the following collection of information: 1625-0065,
Offshore Supply Vessels--Title 46 CFR Subchapter L. Our ICR describes
the information we seek to collect from the public. Before submitting
this ICR to OIRA, the Coast Guard is inviting comments as described
below.

DATES: Comments must reach the Coast Guard on or before May 17, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2016-0024] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST
GUARD, 2703 MARTIN LUTHER KING JR AVE SE., STOP 7710, WASHINGTON, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek approval of
revisions of the Collection. We will consider all comments and material
received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2016-0024], and
must be received by May 17, 2016.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Offshore Supply Vessels--Title 46 CFR Subchapter L.
    OMB Control Number: 1625-0065.
    Summary: Title 46 U.S.C. 3305 and 3306 authorizes the Coast Guard
to prescribe safety regulations. Title 46 CFR subchapter L promulgates
marine safety regulations for offshore supply vessels (OSV).
    Need: The OSV posting/marking requirements are needed to provide
instructions to those onboard of actions to be taken in the event of an
emergency. The reporting/recordkeeping requirements verify compliance
with regulations without Coast Guard presence to witness routine
matters, including OSVs based overseas as an alternative to Coast Guard
inspection.
    Forms: None.
    Respondents: Owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 2,068
hours to 2,353 hours a year due to an increase in the estimated annual
number of respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended.

    Dated: March 11, 2016.
Thomas P. Michelli,
U.S. Coast Guard, Deputy Chief Information Officer.
[FR Doc. 2016-06192 Filed 3-17-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89456-89457]
[FR Doc No: 2016-29697]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF16-5-001]

Western Area Power Administration; Notice of Filing

    Take notice that on December 5, 2016, Western Area Power
Administration submitted a tariff filing per:
RMR_WACM_LAP_CRSP_174Refile-20161205 to be effective 10/1/2016.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on January 4, 2017.

    Dated: December 6, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-29697 Filed 12-9-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]
[Page 65817-65819]
[DOCID:fr11de09-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61116; File No. SR-FINRA-2009-080]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Adopt
FINRA Rule 4570 (Custodian of Books and Records) in the Consolidated
FINRA Rulebook

December 4, 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 November 17, 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.
---------------------------------------------------------------------------

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

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

    FINRA is proposing to adopt NASD Rule 3121 (Custodian of the
Record) as FINRA Rule 4570 (Custodian of Books and Records) in the
consolidated FINRA rulebook with minor changes.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in brackets:
4500. BOOKS, RECORDS AND REPORTS
* * * * *
[3121]4570. Custodian of [the] Books and Records

    A member who files a [Securities and Exchange Commission] Form BDW
shall designate on the Form BDW, as the custodian of the member's books
and records, a person associated with the

member at the time that the Form BDW is filed.
* * * * *

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 NASD
Rule 3121 as FINRA Rule 4570 in the Consolidated FINRA Rulebook with
minor changes as described below.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Background
    SEA Rule 17a-4 requires members to retain their books and records
for specified retention periods.\4\ Pursuant to SEA Rule 17a-4(g), a
member that ceases doing business as a registered broker-dealer has a
continuing obligation to retain its required books and records for the
remainder of the specified retention periods.\5\
---------------------------------------------------------------------------

    \4\ 17 CFR 240.17a-4.
    \5\ 17 CFR 240.17a-4(g).
---------------------------------------------------------------------------

    To that end, Form BDW (Uniform Request for Broker-Dealer
Withdrawal) requires that the member identify and provide the contact
information of the person who will have custody of the firm's books and
records after the firm has discontinued its business operations. The
form also requires that the firm provide the address where the books
and records will be located, if different than the custodian's address.
In addition, Form BDW provides that the firm and the person signing the
form on behalf of the firm must certify that the firm's books and
records will be preserved and made available for inspection.
    NASD Rule 3121 requires a member to designate as the custodian of
its required books and records on Form BDW a person who is associated
with the firm at the time Form BDW is filed. The rule, which was
approved by the Commission in 2000,\6\ is intended to enhance FINRA's
ability to obtain required books and records from firms that are no
longer conducting business and to ensure that the custodian of the
books and records has been subject to certain background checks.\7\
There is no comparable Incorporated NYSE Rule.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 43102 (August 1,
2000), 65 FR 48266 (August 7, 2000) (Order Approving File No. SR-
NASD-99-76).
    \7\ For example, associated persons who have custody of a
member's original books and records relating to securities or funds
are subject to the fingerprinting requirements of SEA Rule 17f-2 for
purposes of a criminal background check.
---------------------------------------------------------------------------

Proposal
    FINRA proposes to adopt NASD Rule 3121 as FINRA Rule 4570 in the
Consolidated FINRA Rulebook, with only minor changes. Specifically,
NASD Rule 3121 currently states that a member must designate an
associated person ``as the custodian of the record''; FINRA proposes to
revise the text of the rule to reflect that the associated person is
designated ``as the custodian of the member's books and records,''
which is consistent with the terminology used in Form BDW. For similar
reasons, FINRA proposes to change the title of the rule from
``Custodian of the Record'' to ``Custodian of Books and Records.''
    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,\8\ 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 will
further the purposes of the Act by, among other things, enhancing
FINRA's ability to obtain required books and records from member firms
that are no longer conducting business.
---------------------------------------------------------------------------

    \8\ 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-2009-080 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FINRA-2009-080. 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-2009-080 and should be submitted on or before January 4, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29524 Filed 12-10-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26629-26634]
[FR Doc No: 2023-09086]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97372; File No. SR-NYSEAMER-2023-28]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Modify
the NYSE American Options Fee Schedule

April 25, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on April 18, 2023, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify the NYSE American Options Fee
Schedule (``Fee Schedule'') regarding routing fees and Floor Broker
rebates and to delete text relating to discontinued programs. The
Exchange proposes to implement the fee change effective April 18,
2023.\4\ The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ The Exchange originally filed to amend the Fee Schedule on
March 1, 2023 (SR-NYSEAMER-2023-18), withdrew such filing and
amended the Fee Schedule on March 15, 2023 (SR-NYSEAMER-2023-21),
withdrew such filing and amended the Fee Schedule on March 28, 2023
(SR-NYSEAMER-2023-24), and then withdrew such filing and amended the
Fee Schedule on April 10, 2023 (SR-NYSEAMER-2023-26), which latter
filing the Exchange withdrew on April 18, 2023.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The purpose of this filing is to amend the Fee Schedule to (1)
delete text relating to fees and credits for NYSE FANG+ Index
(``FAANG'') transactions, (2) simplify the Routing Surcharge applied to
orders routed to other markets, (3) eliminate the introductory pricing
currently offered for Market Maker ATP fees and Premium Product fees,
and (4) add a Floor Broker rebate program. The Exchange believes that
the proposed changes would promote clarity and transparency in the Fee
Schedule by eliminating fees and credits relating to programs that the
Exchange proposes to discontinue and simplifying the fees charged for
routed orders. The Exchange proposes to implement the rule change on
April 18, 2023.
FAANG Transactions
    Footnote 7 to Section I.A. of the Fee Schedule (Rates for Options
transactions) currently provides for fees and credits relating to FAANG
transactions. The Fee Schedule provides for a $0.35 per contract, per
side fee for Non-Customer FAANG transactions, whether executed manually
or electronically. FAANG transactions (i) on behalf of Customers or
(ii) by NYSE American Options Market Makers, Specialists, e-Specialists
or DOMMs do not incur a fee. Marketing Charges are not applied to FAANG
transactions. Volume in FAANG transactions is included in the
calculations to qualify

for any volume-based incentives currently offered on the Exchange.
    The Fee Schedule also provides for a credit to any firm that is an
NYSE American Options Market Maker, Specialist, e-Specialist or DOMM
that executes a specified minimum number of total monthly contract
sides that open a position in FAANG on the Exchange (``eligible
contract sides''), as set forth below (``MM FAANG Credit''):
     A credit of $5,000 for a minimum of 500 eligible contract
sides; provided, however, that if more than five firms qualify for this
MM FAANG Credit in a calendar month, the $5,000 MM FAANG Credit for
each qualifying firm will be a pro rata share of $25,000; or
     A credit of $10,000 for a minimum of 2,000 eligible
contract sides; provided, however, that if more than two firms qualify
for this MM FAANG Credit in a calendar month, the $10,000 MM FAANG
Credit for each qualifying firm will be a pro rata share of $25,000. A
firm that qualifies for the $10,000 credit will not be eligible for the
$5,000 credit.
    Because FAANG options were delisted after monthly expiration in
February 2023, the Exchange now proposes to delete the current text of
Footnote 7 to Section I.A. to remove references to fees and credits
relating to FAANG transactions, which would no longer be applicable for
any market participants, and designate Footnote 7 as Reserved. The
Exchange also proposes a conforming change to Section I.D. (Prepayment
Program) of the Fee Schedule to delete the reference in that section to
``Section 1.A., note 7,'' to reflect the proposed deletion of the fees
and credits relating to FAANG transactions. The Exchange believes this
proposed change, which would remove text relating to a discontinued
program, would promote clarity in the Fee Schedule.
Routing Surcharge
    As set forth in Section I.L. of the Fee Schedule, the Exchange
currently assesses a routing surcharge on all non-Customer orders
routed to away markets and on Customer orders including Professional
Customer orders that are charged transaction fees at another exchange.
If the executing exchange does not charge a transaction fee for the
execution of the Customer order, the Routing Surcharge will be waived.
Currently, the Routing Surcharge is $0.11 per contract plus (i) any
transaction fees assessed by the away exchange(s) (calculated on an
order-by-order basis since different away exchanges charge different
amounts) or (ii) if the actual transaction fees assessed by the away
exchange(s) cannot be determined prior to the execution, the highest
per contract charge assessed by the away exchange(s) for the relevant
option class and type of market participant (e.g., Customer, Firm,
Broker/Dealer, Professional Customer or Market Maker). The Exchange
applies the Routing Surcharge in addition to any customary execution
fees applicable to the order.
    The Exchange now proposes to modify the Routing Surcharge to be
based on whether the routed order is in a Penny or non-Penny issue and
to establish a single fee that would be applicable to all routed orders
in Penny issues, and a single fee for all routed orders in non-Penny
issues. Specifically, the Exchange proposes that the fee for routed
orders would be set at a fixed amount intended to counterbalance the
internal resources required to support the handling of orders routed
away from the Exchange. The Exchange proposes to implement a flat fee
structure for routing fees, which the Exchange believes would
streamline the process of calculating fees applied to orders routed
away from the Exchange because it would, among other things, reduce the
administrative burden of recalibrating routing fees each time an away
exchange modifies its relevant transaction fees. Accordingly, the
Exchange proposes a Routing Surcharge of $0.61 in Penny issues, and
$1.21 in non-Penny issues. The Exchange believes that having a single
published rate for all routed orders in Penny issues and a single
published rate for all routed orders in non-Penny issues would also
reduce potential confusion relating to the amount of the surcharge for
a given routed order (particularly in light of the variability in
transaction fees across other options markets) and would permit market
participants to determine execution costs at the time of order entry,
thereby promoting clarity and transparency in the Fee Schedule. The
Exchange believes the proposed routing fee structure is not novel, as
at least one other options exchange similarly applies fixed routing
fees based on whether the routed order is in a Penny or non-Penny
issue, and that the proposed amounts of the fees are within the range
of fees applied by other markets to routed orders.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., BOX Options Exchange Fee Schedule, available at:
https://boxexchange.com/assets/BOX-Fee-Schedule-as-of-March-6-2023.pdf (providing for fixed routing fees of $0.60 per contract fee
for customer orders in Penny classes and $0.85 per contract fee for
customer orders in non-Penny class); Cboe Exchange, Inc. Options Fee
Schedule, available at: https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf (providing, for example, Customer routing fees
of $0.75 for orders in Penny issues or $1.25 for orders in non-Penny
issues routed to certain away markets and Non-Customer routing fees
of $1.17 for all orders in Penny issues or $1.45 for all orders in
non-Penny issues routed away).
---------------------------------------------------------------------------

Introductory Pricing for Newly Enrolled Market Makers
    Section III.A. of the Fee Schedule provides for monthly ATP fees.
Footnote 2 of Section III.A. further provides that an ATP Holder that
newly enrolls to operate as a Market Maker may be entitled to
introductory pricing on ATP fees for up to six months.\6\ The Exchange
similarly offers newly enrolled Market Makers introductory pricing on
Premium Product Fees for up to six months, as set forth in Section
III.B, Footnote 1.\7\
---------------------------------------------------------------------------

    \6\ A newly enrolled Market Maker on the Exchange may be
entitled to introductory pricing on its ATP Fees for up to six
months, beginning the first month in which it registers. For the
first three months (i.e., months 1-3), the Exchange waives the ATP
fees, and for the latter three months (i.e., months 4-6), the
Exchange discounts such ATP fees by 50%, unless the Market Maker
achieves a monthly ADV equal to at least 0.05% of TCADV, at which
time the Exchange would charge the Market Maker 100% of its ATP Fees
for the remaining months, regardless of its monthly ADV in
subsequent months. An ATP Holder may qualify for this introductory
pricing only once in a 24-month period, which period begins in the
first month the ATP Holder registers on the Exchange.
    \7\ A newly enrolled Market Maker on the Exchange may be
entitled to introductory pricing on its Premium Product Fees for up
to six months, beginning the first month in which it registers. For
the first three months (i.e., months 1-3), the Exchange waives
Premium Product Fees, and for the latter three months (i.e., months
4-6), the Exchange discounts such Premium Product Fees by 50%,
unless the Market Maker achieves a monthly ADV equal to at least
0.05% of TCADV, at which time the Exchange would charge the Market
Maker 100% of its Premium Product Fees for the remaining months,
regardless of its monthly ADV in subsequent months. An ATP Holder
may qualify for this introductory pricing only once in a 24-month
period, which period begins in the first month the ATP Holder
registers on the Exchange.
---------------------------------------------------------------------------

    The Exchange now proposes to delete Section III.A., Footnote 2 and
Section III.B., Footnote 1 to eliminate the introductory pricing for
newly enrolled Market Makers on ATP fees and Premium Product Fees,
respectively, as no ATP Holders have qualified for this pricing in the
last few years. The Exchange adopted this introductory pricing to
encourage ATP Holders to enroll as Market Makers. However, because
these pricing incentives have been underutilized (and therefore did not
achieve their intended effect), the Exchange proposes to eliminate such
pricing from the Fee Schedule and believes that ATP Holders would not
be impacted by its removal.
Floor Broker Grow With Me Program
    The Exchange proposes to add the Floor Broker Grow With Me program,

through which Floor Broker organizations (``Floor Brokers'') may earn a
($0.05) rebate on manual billable volume. The Exchange proposes to add
this program in Section III.E.2. of the Fee Schedule, which is
currently designated as Reserved. The Exchange proposes that the Floor
Broker Grow With Me program would provide Floor Brokers with an
opportunity to earn a rebate on manual billable volume based on
demonstrated growth as compared to the Floor Brokers' manual billable
volume ADV in January 2023 (the ``base period''). The Exchange proposes
that Floor Brokers that achieve (1) manual billable contracts volume of
100% over their base period volume in a month or (2) an ADV of 25,000
manual billable contracts in a month, whichever is greater, would be
eligible for a rebate of ($0.05) per billable side. The Exchange
proposes that Floor Brokers new to the Exchange would be eligible to
qualify for the program by achieving the second qualifying criteria,
which is not tied to base period volume. The Exchange further proposes
that the Floor Broker Grow With Me program would be in place with these
qualifying criteria until July 31, 2023, which would allow the Exchange
a period to evaluate such criteria and to submit a proposed rule change
regarding qualifications for the program beyond that date.
    Although the Exchange cannot predict with certainty whether the
proposed change would encourage Floor Brokers to increase their manual
billable volume on the Exchange, the proposed change is designed to
continue to incentivize Floor Brokers to do so by offering a rebate on
manual billable volume. All Floor Brokers, including new Floor Brokers,
would be eligible to earn a rebate through the Floor Broker Grow With
Me program, as proposed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, 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.'' \10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\11\ Therefore, no exchange possesses significant pricing power
in the execution of multiply-listed equity and ETF options order flow.
More specifically, in January 2023, the Exchange had less than 8%
market share of executed volume of multiply-listed equity and ETF
options trades.\12\
---------------------------------------------------------------------------

    \11\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \12\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of ETF-based options, see
id., the Exchange's market share in equity-based options was 7.03%
for the month of January 2022 and 7.96% for the month of January
2023.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    The Exchange believes the proposed change to the Routing Surcharge
is reasonable because it would establish a single fee that would be
applicable to all routed orders in Penny issues and a single fee that
would be applicable to all routed orders in non-Penny issues, and such
fees would be applicable to all market participants equally. In
addition, the Exchange believes the proposed change is reasonable
because it would provide for routing fees that would counterbalance the
internal resources required to support the handling of orders routed
away from the Exchange and would streamline the process of calculating
routing fees by obviating the need to recalibrate fees based on
individual away market fees (which are variable and subject to frequent
change) and eliminating any potential confusion as to routing fees
applicable to a given order. The Exchange also notes that a fixed fee
structure for routing fees is not novel and that the amounts of the
proposed Routing Surcharge amounts are within the range of routing fees
currently charged by other options exchanges.\13\
---------------------------------------------------------------------------

    \13\ See note 5, supra.
---------------------------------------------------------------------------

    The Exchange believes that the proposed change to delete FAANG
transaction fees and credits is reasonable because FAANG options were
delisted after monthly expiration in February 2023, and such fees and
credits are no longer applicable to any market participants. The
Exchange believes that the proposed change to eliminate certain
introductory pricing for newly enrolled Market Makers is reasonable
because these programs have not served to encourage ATP Holders to
enroll as Market Makers on the Exchange. Accordingly, the Exchange
believes that the proposed changes to eliminate text from the Fee
Schedule relating to discontinued or underutilized programs would
promote clarity in the Fee Schedule, to the benefit of all market
participants.
    The Exchange believes that the proposed Floor Broker Grow With Me
Program is reasonable because it is designed to continue to incent
Floor Brokers to increase their manual billable volume executed on the
Exchange and provides Floor Brokers with two ways to earn the
additional rebate offered by the program. The Exchange also believes
that using a Floor Broker organization's January 2023 manual billable
volume ADV as a basis for measuring growth is reasonable because it
reflects each organization's recent volumes and that the 25,000 manual
billable contracts alternative requirement is reasonable because it
would permit new Floor Brokers without base period volume to qualify
for the program by meeting a requirement that also applies to current
Floor Brokers. The Exchange also believes that it is reasonable to
implement the program with the proposed qualifying criteria through
July 31, 2023, as the Exchange would be able to further evaluate such
criteria in the interim period and prepare a proposed rule change
regarding appropriate qualifying criteria for the program beyond such
date.

    To the extent that the proposed changes improve the clarity and
transparency of the Fee Schedule, the Exchange believes they would
continue to make the Exchange a more competitive venue for order
execution, which, in turn, promotes just and equitable principles of
trade and removes impediments to and perfects the mechanism of a free
and open market and a national market system. The Exchange notes that
all market participants stand to benefit from any increase in volume,
which could promote market depth, facilitate tighter spreads and
enhance price discovery, particularly to the extent the proposed change
encourages market participants to utilize the Exchange as a primary
trading venue, and may lead to a corresponding increase in order flow
from other market participants.
    Finally, to the extent the proposed change continues to attract
greater volume and liquidity, the Exchange believes the proposed change
would improve the Exchange's overall competitiveness and strengthen its
market quality for all market participants. In the backdrop of the
competitive environment in which the Exchange operates, the proposed
rule change is a reasonable attempt by the Exchange to increase the
depth of its market and improve its market share relative to its
competitors. The Exchange's fees are constrained by intermarket
competition, as market participants can choose to direct their order
flow to any of the 16 options exchanges The Exchange believes that
proposed rule change is designed to continue to incent market
participants to direct liquidity to the Exchange, and, to the extent
they continue to be incentivized to aggregate their trading activity at
the Exchange, that increased liquidity could promote market depth,
price discovery and improvement, and enhanced order execution
opportunities for all market participants.
The Proposed Rule Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposed change to the Routing
Surcharge is equitable because the proposed single fee for all routed
orders in Penny issues and single fee for all routed orders in non-
Penny issues would apply to all market participants equally and the
proposed amounts are designed to offset internal resources necessary to
support the handling of orders routed away from the Exchange. The
proposed change would also streamline the process of calculating
routing fees for all market participants and provide increased clarity
regarding execution costs at the time of order entry. The proposed
change to delete fees and credits relating to FAANG transactions is
also equitable because their elimination would likewise apply to all
market participants equally. The Exchange also believes that the
proposed changes to eliminate introductory pricing for newly enrolled
Market Makers in ATP fees and Premium Product Fees are equitable
because the pricing programs would no longer be available to any ATP
Holders, and, moreover, no ATP Holders have qualified for the
introductory pricing in recent years. The Exchange believes that the
proposed rebate for Floor Brokers through the Floor Broker Grow With Me
Program is an equitable allocation of fees and credits because the
rebate would be available to all qualifying Floor Brokers equally, and
Floor Brokers may qualify for the rebate based on either growth over
their own base period volume or an alternative that would permit new
Floor Brokers that do not have base period volume to qualify for the
program on a basis that is also applicable to current Floor Brokers.
The Exchange also believes that the proposal to offer the Floor Broker
Grow With Me program with the current qualifying criteria through July
31, 2023 is equitable because the intervening period would provide the
Exchange an opportunity to evaluate the parameters of the program and
to submit a proposed rule change regarding the criteria for the program
going forward. The Exchange further believes that the proposed change
is equitable because it is intended to encourage the role performed by
Floor Brokers in facilitating the execution of orders via open outcry,
a function which the Exchange wishes to support for the benefit of all
market participants.
    To the extent that the proposed changes continue to incent ATP
Holders to utilize the Exchange as a primary execution venue and
attract more volume on the Exchange, this increased order flow would
continue to make the Exchange a more competitive venue for, among other
things, order execution. Thus, the Exchange believes the proposed rule
change would improve market quality for all market participants on the
Exchange and, as a consequence, attract more order flow to the
Exchange, thereby improving market-wide quality and price discovery.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes the proposed change is not unfairly
discriminatory. The proposed change to the Routing Surcharge is not
unfairly discriminatory because the proposed fees are intended to
assess streamlined routing fees in amounts that would appropriately
account for the internal resources necessary to support orders routed
away from the Exchange and would apply equally to all market
participants' routed orders, based on whether such order is in a Penny
or non-Penny issue. The proposed change would simplify the calculation
of routing fees for all market participants and add clarity and
transparency to the Fee Schedule regarding the fees applicable to
routed orders. The proposed change to delete fees and credits relating
to FAANG transactions is not unfairly discriminatory because they are
no longer applicable to any market participants following the delisting
of FAANG options. The Exchange also believes that the proposed changes
to eliminate introductory pricing for new Market Makers in ATP fees and
Premium Product Fees are equitable because the pricing programs would
be eliminated in their entirety and would no longer be available to any
ATP Holders. Finally, the Exchange believes that the proposed Floor
Broker Grow With Me Program is not unfairly discriminatory because
current and new Floor Brokers alike are eligible to qualify for the
rebate and is not unfairly discriminatory to non-Floor Brokers because
Floor Brokers serve an important function in facilitating the execution
of orders on the Exchange, which the Exchange wishes to encourage and
support to promote price improvement opportunities for all market
participants.
    Thus, the Exchange believes that, to the extent the proposed rule
change would continue to improve market quality for all market
participants on the Exchange by promoting clarity and transparency in
the Fee Schedule and attract more order flow to the Exchange, thereby
improving market-wide quality and price discovery, the resulting
increased volume and liquidity would provide more trading opportunities
and tighter spreads to all market participants and thus would promote
just and equitable principles of trade, remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, protect investors and the public interest.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \14\
---------------------------------------------------------------------------

    \14\ See Reg NMS Adopting Release, supra note 9, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed change is designed to improve
the clarity and transparency of the Fee Schedule and to continue to
attract order flow to the Exchange. The proposed change to offer Floor
Brokers a rebate on manual billable volume through the Floor Broker
Grow With Me program is intended to attract additional order flow to
the Exchange, which could increase the volumes of contracts traded on
the Exchange. Greater liquidity benefits all market participants on the
Exchange, and increased manual billable transactions could increase
opportunities for execution of other trading interest. The Exchange
believes that the proposed change to the Routing Surcharge would not
impose any burden on competition that is not necessary or appropriate
because it is intended to simplify the calculation of fees for routed
orders and to continue to incent Firms to direct order flow to the
Exchange, thereby promoting liquidity on the Exchange to the benefit of
all market participants. The Exchange does not believe that the
proposed changes relating to FAANG transactions or introductory pricing
for newly enrolled Market Makers would impose any burden on competition
that is not necessary or appropriate because the changes would apply
equally to all ATP Holders and would add clarity to the Fee Schedule,
to the benefit of all market participants.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\15\ Therefore, no
exchange possesses significant pricing power in the execution of
multiply-listed equity and ETF options order flow. More specifically,
in January 2023, the Exchange had less than 8% market share of executed
volume of multiply-listed equity and ETF options trades.\16\
---------------------------------------------------------------------------

    \15\ See note 11, supra.
    \16\ See note 12, supra.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees and
credits in a manner designed to continue to incent Floor Brokers to
direct trading interest (particularly manual billable volume) to the
Exchange, to provide liquidity, and to attract order flow. In addition,
to the extent that the proposed change to simplify the Routing
Surcharge incentivizes ATP Holders to utilize the Exchange as a primary
trading venue for all transactions, all of the Exchange's market
participants should benefit from the improved market quality and
increased opportunities for price improvement. The Exchange also
believes that the proposed rule change reflects this competitive
environment because it removes underutilized programs from the Fee
Schedule that did not achieve their intended purpose. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues, including one that
offers similarly structured routing fees.\17\ In such an environment,
the Exchange must continually review, and consider adjusting, its fees
and credits to remain competitive with other exchanges.
---------------------------------------------------------------------------

    \17\ See note 5, supra.
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \18\ of the Act and subparagraph (f)(2) of Rule
19b-4 \19\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2023-28 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-NYSEAMER-2023-28. 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 (https://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. Do
not include personal identifiable information in submissions; you
should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-NYSEAMER-2023-28, and
should be submitted on or before May 22, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09086 Filed 4-28-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15193-15194]
[FR Doc No: 2020-05450]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3310]

Matthew Dailey: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring
Matthew Dailey for a period of 10 years from importing or offering for
import any drug into the United States. FDA bases this order on a
finding that Mr. Dailey was convicted, as defined in the FD&C Act, of
one felony count under Federal law for introducing misbranded drugs
into interstate commerce and one felony count of importing merchandise
contrary to law. The factual basis supporting both felony convictions,
as described below, is conduct relating to the importation into the
United States of a drug or controlled substance. Mr. Dailey was given
notice of the proposed debarment and was given an opportunity to
request a hearing within the timeframe prescribed by regulation to show
why he should not be debarred. As of November 8, 2019 (30 days after
receipt of the notice), Mr. Dailey had not responded. Mr. Dailey's
failure to respond and request a hearing constitutes a waiver of his
right to a hearing concerning this matter.

DATES: This order is applicable March 17, 2020.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff, Food and Drug Administration, 5630 Fishers
Lane, Room 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa (ELEM-4029), Division
of Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER> or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(D) of the FD&C Act (21 U.S.C. 335a(b)(1)(D))
permits debarment of an individual from importing or offering for
import any drug into the United States if the FDA finds, as required by
section 306(b)(3)(C) of the FD&C Act, that the individual has been
convicted of a felony for conduct relating to the importation into the
United States of any drug or controlled substance.
    On May 8, 2019, Mr. Dailey was convicted as defined in section
306(l)(1) of the FD&C Act, in the U.S. District Court for the Eastern
District of Michigan, when the court accepted his plea of guilty and
entered judgment against him for the offenses of introducing misbranded
drugs into interstate commerce in violation of section 301(a) of the
FD&C Act (21 U.S.C. 331(a)) and importing merchandise contrary to law
in violation of 18 U.S.C. 545.
    The FDA's finding that debarment is appropriate is based on the
felony convictions referenced herein. The factual basis for these
convictions is as follows: As contained in the Stipulation of Facts
incorporated into the Plea Agreement, filed on January 8, 2019, from on
or about March 2011 through November 2016, Mr. Dailey imported hundreds
of shipments of kratom into the United States. To evade the lawful
regulatory authority of FDA, he instructed his foreign suppliers to
label shipments of bulk kratom with materially false statements that
described the kratom as ``incense,'' ``paint pigment,'' and other
substances not regulated by the FDA. Mr. Dailey also provided the FDA
(sometimes through import brokers) materially false written
descriptions of his bulk kratom imports. After receiving the kratom,
Mr. Dailey then apportioned bulk shipments of kratom into smaller
portions and repackaged the kratom into smaller plastic bags at a
location not registered as a facility that manufactures, prepares,
propagates, compounds, and processes drugs. Mr. Dailey then sold kratom
products to hundreds of consumers through the United States through a
website he managed. The labeling of his kratom products did not include
any directions for use, such as indications, dosage instructions,
methods of administration, or contraindications. In selling his kratom
product, Mr. Dailey intended that consumers use his kratom products as
a ``drug'' within the meaning of section 201(g)(1) of the FD&C Act (21
U.S.C. 321(g)(1)). Specifically, Mr. Dailey intended that consumers use
the kratom he imported to treat and mitigate diseases, including but
not limited to chronic pain, fibromyalgia, opiate withdrawal, and Lyme
disease, and to affect the structure and function of the human body by
taking the kratom products as substitutes for drugs of abuse and
prescription pills. As stated in the Stipulation of Facts, Mr. Dailey's
actions were in violation of section 301(a) of the FD&C Act and 18
U.S.C. 545.
    As a result of this conviction, FDA sent Mr. Dailey by certified
mail on October 2, 2019, a notice proposing to debar him for 2
consecutive 5-year periods (10 years) from importing or offering for
import any drug into the United States. The proposal was based on a
finding under section 306(b)(3)(C)

of the FD&C Act that Mr. Dailey's felony convictions for introducing
misbranded drugs into interstate commerce and importing merchandise
contrary to law were for conduct relating to the importation into the
United States of any drug or controlled substance because he illegally
imported kratom, a misbranded drug, for repackaging, sale, and
distribution to U.S. consumers. In proposing a debarment period, FDA
weighed the considerations set forth in section 306(c)(3) of the FD&C
Act that it considered applicable to Mr. Dailey's offenses, and
concluded that each of these felony offenses independently warranted a
5-year period of debarment, and proposed that these debarment periods
be served consecutively under section 306(c)(2)(A)(iii) of the FD&C
Act.
    The proposal informed Mr. Dailey of the proposed debarment and
offered Mr. Dailey an opportunity to request a hearing, providing him
30 days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
a waiver of the opportunity for a hearing and of any contentions
concerning this action. Mr. Dailey received the proposal and notice of
opportunity for a hearing on October 7, 2019. Mr. Dailey failed to
request a hearing within the timeframe prescribed by regulation and
has, therefore, waived his opportunity for a hearing and waived any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(3)(C) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Dailey has been convicted of two felony counts under Federal law for
conduct relating to the importation into the United States of any drug
or controlled substance. FDA finds that each offense should be accorded
a debarment period of 5 years. Under section 306(c)(2)(A)(iii) of the
FD&C Act, in the case of a person debarred for multiple offenses, FDA
shall determine whether the periods of debarment shall run concurrently
or consecutively. FDA has concluded that the 5-year period of debarment
for each of the 2 offenses of conviction needs to be served
consecutively, resulting in a total debarment period of 10 years.
    As a result of the foregoing finding, Mr. Dailey is debarred for a
period of 10 years from importing or offering for import any drug into
the United States, effective (see DATES). Pursuant to section 301(cc)
of the FD&C Act, the importing or offering for import into the United
States of any drug or controlled substance by, with the assistance of,
or at the direction of Mr. Dailey is a prohibited act.
    Any application by Mr. Dailey for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2019-N-3310 and sent to the Dockets Management Staff (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions will be placed in the docket and
will be viewable at http://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: March 11, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-05450 Filed 3-16-20; 8:45 am]
 BILLING CODE 4164-01-P