[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38701-38704]
[FR Doc No: 2012-15807]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67244; File No. SR-NYSEArca-2012-67]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Amending NYSE Arca Rule 3.2 and NYSE Arca
Equities, Inc. Rule 3.2, Which Concern the Nomination and Election of
Fair Representation Directors

June 22, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 18, 2012, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by NYSE Arca. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 3.2 and NYSE Arca
Equities, Inc. (``NYSE Arca Equities'') Rule 3.2, which concern the
nomination and election of fair representation directors. The text of
the proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE Arca Rule 3.2 and NYSE Arca
Equities Rule 3.2, which concern the nomination and election of fair
representation directors.
Background
    Section 6(b)(3) of the Securities Exchange Act of 1934, as amended
(the ``Act''), requires that the rules of an exchange shall ``assure a
fair representation of its members in the selection of its directors
and administration of its affairs and provide that one or more
directors shall be representative of issuers and investors and not be
associated with a member of the exchange, broker, or dealer.'' \3\
Exchange members who serve on exchange boards thus are sometimes
referred to as ``fair representation directors.'' NYSE Arca Rule 3.2
sets forth a process for the nomination and selection of fair
representation directors for the NYSE Arca Board of Directors (``NYSE
Arca Board''), and NYSE Arca Equities Rule 3.2 sets forth a similar
process for the nomination and selection of fair representation
directors for the NYSE Arca Equities Board of Directors (``Equities
Board'').\4\
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    \3\ 15 U.S.C. 78f(b)(3).
    \4\ NYSE Arca Equities is a wholly-owned subsidiary of NYSE
Arca.
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    The Exchange proposes to amend both rules to streamline those
processes and make them more similar to the processes used by the New
York Stock Exchange LLC (``NYSE'') \5\ and NYSE MKT LLC (``NYSE
MKT'').\6\
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    \5\ See Section 2.03(a) of the Third Amended and Restated
Operating Agreement of New York Stock Exchange LLC (``NYSE Operating
Agreement''), available at http://usequities.nyx.com/sites/corporate.nyx.com/files/thirdamendedandrestatedoperatingagreementofnewyorkstockexchangellc.pdf [sic]; Article III, Sections 1(C) and 5 of the Amended and
Restated Bylaws of NYSE Market, Inc. (``NYSE Market Bylaws''),
available at http://usequities.nyx.com/sites/usequities.nyx.com/files/final_second_amended_and_restated_bylaws_of_nyse_market_inc_0.pdf and Article III, Sections 1(C) and 5 of the Third
Amended and Restated Bylaws of NYSE Regulation, Inc. (``NYSE
Regulation Bylaws''), available at http://www.nyse.com/pdfs/SecondAmendedandRestatedBylawsofNYSERegulationInc.PDF.
    \6\ See Second Amended and Restated Operating Agreement of NYSE
MKT LLC (``NYSE MKT Operating Agreement''), Section 2.03(a) and (h),
available at http://nyseamexrules.nyse.com/AMEX/pdf/operating_agreement.pdf.
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Amendments to NYSE Arca Rules
    Under Section 3.02(a) of the NYSE Arca Bylaws, the NYSE Arca Board
must have 8-12 Directors, and at least

20 percent of the Directors must be individuals nominated by trading
permit holders, with at least one director nominated by the Equities
Trading Permit Holders (``ETP Holders'') of NYSE Arca Equities, and at
least one director nominated by the Options Trading Permit Holders
(``OTP Holders'') of the Exchange.\7\ The exact number of Permit Holder
Directors is determined from time to time by the NYSE Arca Board,
subject to the percentage restrictions described above.
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    \7\ In addition, at least 50 percent of the directors must be
directors who represent the public. The Nominating Committee of NYSE
Arca Holdings, Inc. (``NYSE Arca Holdings'') nominates the directors
for election to the NYSE Arca Board (other than the fair
representation directors) at the annual meeting of NYSE Arca
Holdings. NYSE Arca is a non-stock corporation with one authorized
membership interest; the sole member is NYSE Arca Holdings. See
Sections 2.01 and 3.02 of the NYSE Arca Bylaws.
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Nominating Committee Composition and Appointment
    The Exchange proposes to amend NYSE Arca Rule 3.2(b)(2)(A) and (B)
to change the composition of, and the appointment process for, the
Nominating Committee for fair representation directors. Currently, the
Nominating Committee has seven members, consisting of six OTP Holders
and one member of the public. Sixty-five days prior to the expiration
of the term of its members, the Nominating Committee publishes a slate
of six eligible nominees to fill the positions during the next annual
term of the Nominating Committee. OTP Holders in good standing may
submit a petition to the Exchange to nominate additional eligible
candidates to fill the OTP positions on the Nominating Committee, and
the Chief Executive Officer of NYSE Arca appoints the public member to
the Nominating Committee. If there are more than six nominees to the
Nominating Committee, the Nominating Committee submits the nominees to
the OTP Holders for an election.
    The Exchange proposes to eliminate the public member position from
the Nominating Committee and eliminate the nomination process for the
Nominating Committee members and instead have the NYSE Arca Board
appoint the members of the Nominating Committee. This change would be
consistent with the fair representation nominating committee
composition and selection processes followed by NYSE and NYSE MKT; each
of those exchanges utilizes an appointed Director Candidate
Recommendation Committee, which serves the same purpose as the
Nominating Committee, and which does not include a public member.\8\
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    \8\ See Section 2.03(a)(iii) and (iv) of the NYSE Operating
Agreement; Article III, Section 5 of the NYSE Market Bylaws; Article
III, Section 5 of the NYSE Regulation Bylaws; and Section 2.03(h) of
the NYSE MKT Operating Agreement.
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Petition Process for Fair Representation Director Nominees
    Under current NYSE Arca Rule 3.2(b)(2)(C)(ii), the Nominating
Committee publishes the names of the fair representation director
nominees to the NYSE Arca Board no later than 65 days prior to the
expiration of the term of its directors. OTP Holders may submit a
petition to add another nominee within 10 business days after the
Nominating Committee publishes its nominees to the NYSE Arca Board. If
a written petition of the lesser of 35 OTP Holders or 10 percent of OTP
Holders in good standing is submitted to the Nominating Committee, such
person also is nominated by the Nominating Committee. The Board of
Directors of NYSE Arca Holdings has 10 business days to object to the
nominees in its sole discretion and may object to the nomination of a
nominee if the nominee has been disciplined by any self-regulatory
organization or is subject to a statutory disqualification under
Section 3(a)(39) of the Act. If the Board of Directors of NYSE Arca
Holdings objects to all the proposed nominees, the Nominating Committee
must publish the names of eligible alternative nominees.
    The Exchange proposes to amend this process to make it more
efficient and more consistent with the petition process for fair
representation directors for NYSE and NYSE MKT. Under proposed NYSE
Arca Rule 3.2(b)(2)(C)(ii), the Nominating Committee would publish the
names of the nominees to the Board of Directors on an ``Announcement
Date'' each year sufficient to accommodate the nomination and petition
processes of the proposed rule. OTP Holders in good standing would be
permitted to nominate additional eligible candidates if a written
petition of at least 10 percent of OTP Holders in good standing were
submitted to the Nominating Committee within two weeks after the
Announcement Date. The Exchange believes that the current 65-day period
is unnecessarily long, and that instead using the Announcement Date
with petitions due two weeks thereafter would be more efficient while
preserving OTP Holders' rights and creating consistency with the
processes used by NYSE and NYSE MKT.\9\ The proposed rule differs from
the current rule in that it eliminates the option for 35 OTP Holders,
if they represent less than 10 percent of OTP Holders, to submit a
petition. The Exchange believes that setting a minimum of 10 percent is
appropriate and consistent with current NYSE and NYSE MKT processes as
well as current NYSE Arca Equities Rule 3.2(b)(2)(C)(i). The current
deadline for submitting petition nominations is 10 business days, which
generally will be the same as the proposed deadline of two weeks, but
the proposed change will make the time periods identical for all three
exchanges.
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    \9\ See Section 2.03(a)(iv) of the NYSE Operating Agreement and
Section 2.03(a)(iv) of the NYSE MKT Operating Agreement.
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    Under the proposed rule, each petition candidate would be required
to include a completed questionnaire used to gather information
concerning director candidates, and the Nominating Committee would
determine whether the petition candidate is eligible to serve on the
NYSE Arca Board (including whether such person was free of a statutory
disqualification under Section 3(a)(39) of the Act), and such
determination would be final and conclusive. The Exchange believes
that, similar to the NYSE and NYSE MKT processes,\10\ the Nominating
Committee, rather than the Board of Directors of NYSE Arca Holdings,
should determine the qualifications of a petition candidate. The
questionnaire would be a new requirement to assist the Nominating
Committee in reaching its decision. Such a questionnaire is already
used by NYSE and NYSE MKT.\11\
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    \10\ The NYSE Euronext nominating and governance committee
evaluates the qualifications of petition candidates. Id.
    \11\ Id.
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Contested Nominations
    Under current NYSE Arca Rule 3.2(b)(2)(C)(iii), in the event that
the OTP Holder position is nominated by the Nominating Committee
pursuant to petition by the OTP Holders, and there are two or more
nominees for the NYSE Arca Board, the Nominating Committee must submit
the contested nomination to the OTP Holders for selection. The nominee
for the NYSE Arca Board selected by the most OTP Holders is submitted
by the Nominating Committee to the NYSE Arca Board. The Exchange
proposes to amend this text to simplify it and provide that if the
number of nominees exceeds the number of available seats, the
Nominating Committee would submit the contested nomination to the OTP

Holders for selection, and the nominee for the NYSE Arca Board
receiving the most votes of OTP Holders would be submitted by the
Nominating Committee to the NYSE Arca Board. The current rule does not
describe the voting process. The Exchange proposes to amend the rule to
explicitly provide that OTP Holders would be afforded no less than 20
calendar days to submit their votes on a confidential basis.
Amendments to NYSE Arca Equities Rules
    Similar to the NYSE Arca Bylaws, Section 3.02(a) of the NYSE Arca
Equities Bylaws (``Equities Bylaws'') requires that at least 20 percent
of the Equities Board, but no fewer than two Directors, must be
nominees of the Nominating Committee of the Equities Board (``Equities
Nominating Committee'') selected in accordance with NYSE Arca Equities
Rule 3.2. Under Section 3.02(e) of the Equities Bylaws, the Equities
Board nominates directors for election at the annual meeting of
stockholders, and such nominations must comply with Section 3.02(a) of
the Equities Bylaws and NYSE Arca Equities Rules.\12\
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    \12\ A 10-member Equities Board must include two nominees of the
Nominating Committee, five from the public (including at least three
from the NYSE Arca Board), one individual from a firm employing an
ETP or Equity ASAP holder (which individual serves concurrently on
the NYSE Arca Board), the chief executive officer of the NYSE Arca,
and the current president of NYSE Arca Equities (unless the
president has notified the Corporation of his or her intention to
resign or retire, in which case, the designated successor president
shall be nominated.) See Section 3.02(e) of the Equities Bylaws.
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Nominating Committee Composition and Appointment
    Current NYSE Arca Equities Rule 3.2(b)(2)(A) and (B) are similar to
the counterpart NYSE Arca rules described above. Under current NYSE
Arca Equities Rule 3.2(b)(2)(A), the Equities Nominating Committee has
seven members, consisting of six ETP Holders and one member of the
public. Under current NYSE Arca Equities Rule 3.2(b)(2)(B), 65 days
prior to the expiration of the term of its members, the Equities
Nominating Committee publishes a slate of six eligible nominees to fill
the positions of the Equities Nominating Committee during the next
annual term. ETP Holders in good standing may submit a petition to the
Exchange to nominate additional eligible candidates to fill the ETP
positions on the Equities Nominating Committee, and the Chief Executive
Officer of NYSE Arca Equities appoints the public member to the
Equities Nominating Committee.\13\ If there are more than six nominees
to the Equities Nominating Committee, the Equities Nominating Committee
submits the nominees to the ETP Holders for an election.
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    \13\ The NYSE Arca and NYSE Arca Equities rules differ with
respect to how many trading permit holders are required to submit a
petition.
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    As proposed with respect to NYSE Arca Rule 3.2(b)(2)(A) and (B),
and consistent with current NYSE and NYSE MKT processes described
above, the Exchange proposes to amend NYSE Arca Equities Rule 3.2 to
eliminate the public member position from the Equities Nominating
Committee and eliminate the nomination process for the Equities
Nominating Committee members and instead have the Equities Board
appoint the members of the Equities Nominating Committee.
Petition Process for Fair Representation Director Nominees
    Although current NYSE Arca Rule 3.2(b)(2)(C) and current NYSE Arca
Equities Rule 3.2(b)(2)(C) are also substantially similar with respect
to the petition process for fair representation director nominees,
there are certain differences in processes for NYSE Arca Equities. The
NYSE Arca Equities Nominating Committee publishes the names of two
nominees to the Equities Board and one nominee to the NYSE Arca Board,
and ETP Holders select two nominees for any contested seat on the
Equities Board and one nominee for any contested seat on the NYSE Arca
Board.\14\
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    \14\ By comparison, the NYSE Arca Nominating Committee publishes
the name of one nominee to the NYSE Arca Board, and OTP Holders may
select one nominee for the contested seat on the NYSE Arca Board.
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    Under current NYSE Arca Equities Rule 3.2(b)(2)(C)(ii), the
Equities Nominating Committee publishes the names of the fair
representation director nominees no later than 65 days prior to the
expiration of the term of the directors. ETP Holders may submit a
petition to add another nominee within 10 business days after the
Equities Nominating Committee publishes its nominees. If a written
petition of at least 10 percent of ETP Holders in good standing is
submitted to the Equities Nominating Committee within 45 days preceding
the expiration of the current term, such person is also nominated by
the Equities Nominating Committee. Unlike NYSE Arca Rule 3.2(b)(2)(C),
there is no objection process for petition candidates.
    The Exchange proposes to amend this process to align it with the
NYSE and NYSE MKT processes and proposed NYSE Arca Rule 3.2(b)(2)(C)
for the same reasons stated above with respect to proposed NYSE Arca
Rule 3.2. Under proposed NYSE Arca Equities Rule 3.2(b)(2)(C)(ii), the
Nominating Committee would publish the names of the nominees on an
``Announcement Date'' each year sufficient to accommodate the
nomination and petition processes of the proposed rule. ETP Holders in
good standing would be permitted to nominate additional eligible
candidates if a written petition of at least 10 percent of ETP Holders
in good standing were submitted to the Equities Nominating Committee
within two weeks after the Announcement Date. Each petition candidate
would be required to include a completed questionnaire used to gather
information concerning director candidates, and the Equities Nominating
Committee would determine whether the petition candidate is eligible to
serve on the NYSE Arca Board (including whether such person was free of
a statutory disqualification under Section 3(a)(39) of the Act), and
such determination would be final and conclusive.
Contested Nominations
    Under current NYSE Arca Equities Rule 3.2(b)(2)(C)(ii), if there is
a contested nomination, the Equities Nominating Committee submits it to
the ETP Holders, which may select two nominees for the contested seat
on the Equities Board and one nominee for the contested seat on the
NYSE Arca Board. The Exchange proposes to simplify this text to align
it with the proposed changes to NYSE Arca Rule 3.2(b)(2)(C)(iii).
    Current NYSE Arca Equities Rule 3.2(b)(2)(C)(ii) does not describe
the voting process. The Exchange proposes to amend the rule to
explicitly provide that ETP Holders would be afforded no less than 20
calendar days to submit their votes on a confidential basis.
Technical and Conforming Changes
    NYSE Arca Equities Rule 3.2 refers to the governing body of NYSE
Arca as the Board of Governors; the Rule should instead refer to the
NYSE Arca Board of Directors.\15\ As such, the Exchange proposes to
change references to the NYSE Arca Board of Governors to the NYSE Arca
Board of Directors.
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    \15\ See Article III of the NYSE Arca Bylaws.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with

Section 6(b)(3) of the Act,\16\ which requires that the rules of an
exchange assure a fair representation of its members in the selection
of its directors and administration of its affairs and provide that one
or more directors shall be representative of issuers and investors and
not be associated with a member of the exchange, broker, or dealer. The
Exchange believes that it is not necessary to have a public member on
its Nominating Committees under NYSE Arca Rule 3.2 and NYSE Arca
Equities Rule 3.2 because the purpose is to represent the interests of
the membership, not the public, and NYSE and NYSE MKT do not include a
public member on their equivalent nominating committees and appoint,
rather than elect, their nominating committees that serve the same
purpose.
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    \16\ 15 U.S.C. 78f(b)(3).
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    The proposed petition process will continue to assure a fair
representation of OTP and ETP Holders in the selection of directors
that is consistent with the processes for NYSE and NYSE MKT and allows
a reasonable period of time for trading permit holders to submit a
petition and to vote on a contested nomination. The Exchange further
believes that it is appropriate to remove the option for 35 OTP Holders
to submit a petition because the total number of OTP Holders varies
from time to time and instead requiring at least 10% of the current OTP
Holders support the petition assures that only candidates that have a
consistent minimum level of support can trigger a contest. The Exchange
believes that the proposed petition process will continue to allow
trading permit holders to have a voice in the administration of the
Exchange and thus help to ensure that the Exchange is administered in a
way that is equitable to all participants who trade on the Exchange.
    Finally, the Exchange notes that the proposed rule change would not
affect the number of fair representation candidates on the boards or
any other aspect of the boards' composition or the remainder of the
boards' nomination process. The proposed rule change also would
continue to ensure that persons subject to a statutory disqualification
under the Act could not serve on the Exchange's boards.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    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

    Within 45 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 or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-67 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-NYSEArca-2012-67.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2012-67 and should be submitted on or before July 19, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15807 Filed 6-27-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8060-8061]
[FR Doc No: 2016-03318]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

TIME AND DATE: February 18, 2016 at 10 a.m.

PLACE: Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda *NOTE--Items listed on the agenda may
be deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                             1024th--Meeting
            [Regular meeting, February 18, 2016, 10:00 a.m.]
------------------------------------------------------------------------
     Item No.              Docket No.                   Company
------------------------------------------------------------------------
                             Administrative
------------------------------------------------------------------------
A-1..............  AD16-1-000................  Agency Administrative
                                                Matters.
A-2..............  AD16-7-000................  Customer Matters,
                                                Reliability, Security
                                                and Market Operations.
------------------------------------------------------------------------
                                Electric
------------------------------------------------------------------------
E-1..............  EC15-157-000..............  Pennsylvania Electric
                                                Company, Metropolitan
                                                Edison Company, Jersey
                                                Central Power & Light
                                                Company, FirstEnergy
                                                Transmission, LLC, Mid-
                                                Atlantic Interstate
                                                Transmission, LLC.
E-2..............  RM16-6-000................  Essential Reliability
                                                Services and the
                                                Evolving Bulk-Power
                                                System--Primary
                                                Frequency Response.
E-3..............  EL16-27-000...............  West-Wide Must-Offer
                                                Requirements.
E-4..............  EL16-7-000................  City of Osceola, Arkansas
                                                v. Entergy Arkansas,
                                                Inc. and Entergy
                                                Services, Inc.
E-5..............  ER16-178-000, ER16-180-     Public Service Company of
                    000, ER16-180-001.          Colorado.
                   ER16-212-000, ER16-212-     Black Hills/Colorado
                    001, ER16-217-000, ER16-    Electric Utility
                    217-001.                    Company, LP.
E-6..............  ER16-168-000, ER16-168-001  New York Independent
                                                System Operator, Inc.
E-7..............  ER15-1922-000.............  Entergy Gulf States
                                                Louisiana, L.L.C.,
                                                Entergy Louisiana, LLC,
                                                Entergy New Orleans,
                                                Inc.
E-8..............  ER16-619-000..............  PJM Interconnection,
                                                L.L.C. and Public
                                                Service Electric and Gas
                                                Company.
E-9..............  ER15-2294-001.............  Pacific Gas and Electric
                                                Company.
E-10.............  ER14-2529-001.............  Pacific Gas and Electric
                                                Company.
E-11.............  ER13-2157-004, ER13-2157-   Midcontinent Independent
                    005.                        System Operator, Inc.
E-12.............  ER15-237-004, ER15-326-001  Public Service Company of
                                                Colorado.
                   ER15-295-003, ER15-348-003  Black Hills/Colorado
                                                Electric Utility
                                                Company, LP.
E-13.............  ER15-2571-001, ER15-2572-   GenOn Energy Management,
                    001, ER15-2573-001.         LLC.
------------------------------------------------------------------------
                                   Gas
------------------------------------------------------------------------
G-1..............  RP16-131-000..............  Gulf South Pipeline
                                                Company, LP.
G-2..............  RP10-1398-003, RP10-1398-   EL Paso Natural Gas
                    000, RP10-1398-004.         Company.
G-3..............  RP15-1022-003.............  Alliance Pipeline L.P.
------------------------------------------------------------------------
                                  Hydro
------------------------------------------------------------------------
H-1..............  P-14491-002, P-13579-004..  Western Minnesota
                                                Municipal Power Agency
                                                FFP Qualified Hydro 14,
                                                LLC.
------------------------------------------------------------------------
                              Certificates
------------------------------------------------------------------------
C-1..............  CP15-495-000..............  Columbia Gas
                                                Transmission, LLC.
C-2..............  CP15-272-000, CP15-272-001  Regency Field Services
                                                LLC.
C-3..............  CP15-104-001..............  DBM Pipeline, LLC.
C-4..............  CP14-27-001...............  Tres Palacios Gas Storage
                                                LLC.
C-5..............  CP16-58-000...............  Iroquois Gas Transmission
                                                System, L.P.
------------------------------------------------------------------------

    Issued: February 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    A free webcast of this event is available through www.ferc.gov.
Anyone with Internet access who desires to view this event can do so by
navigating to www.ferc.gov's Calendar of Events and locating this event
in the Calendar. The event will contain a link to its webcast. The
Capitol Connection provides technical support for the free webcasts. It
also offers access to this event via television in the DC area and via
phone bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or contact Danelle Springer or David
Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2016-03318 Filed 2-12-16; 4:15 pm]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Page 9485]
[FR Doc No: 2016-04027]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Developing an Evidentiary Standards Framework for Safety
Biomarkers Qualification; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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SUMMARY: The Food and Drug Administration (FDA), in co-sponsorship with
the Foundation for the National Institutes of Health Biomarkers
Consortium (FNIH BC), is announcing a public workshop entitled
``Developing an Evidentiary Standards Framework for Safety Biomarkers
Qualification Workshop.'' The purpose of the workshop is to discuss the
evidentiary standards needed to support biomarker qualification with a
particular emphasis on drug safety markers. The 2-day workshop will
focus on the standards relevant to the qualification of a range of
safety biomarkers and examine case studies in several different organ
systems.

DATES: The public workshop will be held on April 14, 2016, from 9 a.m.
to 5 p.m. and April 15, 2016, from 8 a.m. to 5 p.m.

ADDRESSES: The public workshop will be held at the Bethesda North
Marriott Hotel and Conference Center, 5701 Marinelli Rd., Bethesda, MD
20852.

FOR FURTHER INFORMATION CONTACT: Janelle Lewis, Foundation for the
National Institutes of Health, 9650 Rockville Pike, Bethesda, MD 20814,
301-594-2919, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The need for evidentiary standards to
qualify biomarkers was identified in FDA's Critical Path Initiative as
essential to improving the efficiency and effectiveness of drug
development. Evidentiary standards vary among different types of
biomarkers and according to the context(s) of use (COU) for which
qualification is being considered, and there are specific challenges
involved in qualifying drug safety biomarkers. This workshop is aimed
at creating alignment among scientific stakeholders including FDA, the
National Institutes of Health (NIH), the biopharmaceutical industry,
academic researchers, and patient groups regarding a proposed framework
for determining the levels of evidence required to qualify biomarkers
for use in drug development, with an emphasis on biomarkers used in
determinations of drug safety assessments. Development of a general
framework for biomarker qualification will be discussed, along with
specific application to different COUs related to drug safety,
including consideration of several specific case studies involving
qualification of clinical markers of toxicity in different organ
systems.
    Registration: There is no fee to attend the workshop, but attendees
must register in advance. Space is limited, and registration will be on
a first-come, first-served basis. Persons interested in attending this
workshop must register online at www.fnih.org/evidentiarystandardsworkshop by April 1, 2016. For those persons
without Internet access, please contact Janelle Lewis at the Foundation
for the NIH (see FOR FURTHER INFORMATION CONTACT) to register.
    Attendees are responsible for their own hotel accommodations.
Attendees making reservations at the Bethesda North Marriott Hotel and
Conference Center (see ADDRESSES) are eligible for a reduced rate of
$226 per night (equivalent to the government per diem rate), not
including applicable taxes. To receive the reduced rate, follow the Web
link that will be provided to you upon completion of online
registration.
    If you need special accommodations due to a disability, please
contact Janelle Lewis (see FOR FURTHER INFORMATION CONTACT) at the
Foundation for the NIH at least 7 days in advance of the workshop.

    Dated: February 19, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-04027 Filed 2-24-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54277-54279]
[FR Doc No: 2011-22221]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65199; File No. SR-BX-2011-045]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Order
Approving a Proposed Rule Change Requesting Permanent Approval of the
Pilot Program Permitting BOX To Accept Inbound Routes by NOS

August 25, 2011.

I. Introduction

    On July 13, 2011, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
requesting permanent approval of the Exchange's pilot program to permit
the Boston Options Exchange (``BOX'') to accept certain inbound orders
that

Nasdaq Options Services, LLC (``NOS'') routes from Nasdaq Options
Market (``NOM''). The proposed rule change was published for comment in
the Federal Register on July 20, 2011.\3\ The Commission received no
comment letters regarding the proposed rule change. This order approves
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 64896 (July 15,
2011), 76 FR 43740 (``Notice'').
---------------------------------------------------------------------------

II. Background

    BOX is an options trading facility of the Exchange under Section
3(a)(2) of the Act.\4\ Chapter XXXIX, Section 2 of the Grandfathered
Rules of the Exchange prohibits the Exchange or any entity with which
it is affiliated from acquiring or maintaining an ownership interest in
a member in the absence of an effective filing under Section 19(b) of
the Act.\5\ NOS is a broker-dealer that is a member of the Exchange,
and currently provides to members of the Nasdaq Stock Market LLC
(``Nasdaq'') that are NOM participants optional routing services to
other market centers.\6\ NOS is owned by The NASDAQ OMX Group, Inc.
(``NASDAQ OMX''), which also owns three registered securities
exchanges--Nasdaq, the Exchange, and NASDAQ OMX PHLX LLC.\7\ Thus, NOS
is an affiliate of each of these exchanges. Absent an effective filing,
Chapter XXXIX, Section 2 of the Grandfathered Rules of the Exchange
would prohibit NOS from being a member of the Exchange.
---------------------------------------------------------------------------

    \4\ See Chapter 1, Section 1(a)(6) of the Rules of the Boston
Options Exchange Group LLC. See also Securities Exchange Act Release
No. 60349 (July 20, 2009), 74 FR 37071 (July 27, 2009) (SR-BX-2009-
035) (``BOX Routing Pilot Release'').
    \5\ 15 U.S.C. 78s(b).
    \6\ NOS operates as a facility of Nasdaq that provides outbound
routing from NOM to other market centers, subject to certain
conditions. See NOM Rules Chapter VI, Section 11(e). See also BOX
Routing Pilot Release, 74 FR at 37071.
    \7\ See Securities Exchange Act Release No. 58324 (August 7,
2008), 73 FR 46936 (August 12, 2008) (SR-BSE-2008-02; SR-BSE-2008-
23; SR-BSE-2008-25; SR-BSECC-2008-01) (``BSE Approval Order''). See
also Securities Exchange Act Release No. 58179 (July 17, 2008), 73
FR 42874 (July 23, 2008) (order approving NASDAQ OMX's acquisition
of Phlx.)
    NASDAQ OMX acquired the Exchange in August 2008. Prior to the
acquisition, the Exchange owned a 21.87% interest in Boston Options
Exchange Group, LLC (``BOX LLC''), the operator of BOX. Boston
Options Exchange Regulation, LLC (``BOXR'') is a wholly-owned
subsidiary of the Exchange, to which the Exchange has delegated,
pursuant to a delegation plan, certain self-regulatory
responsibilities related to BOX.
    At the closing of the acquisition by NASDAQ OMX, the Exchange
transferred its interest in BOX LLC to MX US, a wholly-owned
subsidiary of the Montreal Exchange Inc. Although the Exchange no
longer holds an ownership interest in BOX LLC, it continues to hold
self-regulatory obligations with respect to BOX. The Exchange,
together with BOXR, retains regulatory control over BOX, and the
Exchange, as the SRO, remains responsible for ensuring compliance
with the federal securities laws and all applicable rules and
regulations.
    NASDAQ OMX also currently indirectly owns NOS, a registered
broker-dealer and a BOX market participant. Thus, NOS is deemed an
affiliate of the Exchange, BOX and BOXR. See BOX Routing Pilot
Release, 76 FR at 37071. See also BSE Approval Order, 76 FR 46936.
---------------------------------------------------------------------------

    On August 7, 2008, in connection with the acquisition of the
Exchange by NASDAQ OMX, the Commission approved an affiliation between
the Exchange and NOS for the limited purpose of permitting NOS to
provide routing services for Nasdaq for orders that first attempt to
access liquidity on Nasdaq's system before routing to the Exchange,
subject to certain other limitations and conditions.\8\ On July 17,
2009, the Exchange filed an immediately effective proposed rule change
to modify the conditions for the affiliation between NOS and the
Exchange, to permit the Exchange to receive certain orders routed by
NOS from NOM without first checking the NOM book for liquidity on a
one-year pilot basis.\9\ Specifically, the Exchange proposed to permit
NOS to route from NOM Exchange Direct Orders and orders in NOM Non-
System Securities (including Exchange Direct Orders).\10\ The Exchange
now seeks permanent approval of this inbound routing pilot.\11\
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    \8\ See BSE Approval Order, 73 FR at 46944.
    \9\ See BOX Routing Pilot Release.
    \10\ NOS provides to NOM participants routing services to other
market centers. Pursuant to Nasdaq's rules, NOS: (1) Routes orders
in options currently trading on NOM, referred to as ``System
Securities;'' and (2) routes orders in options that are not
currently trading on NOM (``Non-System Securities''). See NOM Rules,
Chapter VI, Section 1(b) and 11. When routing Non-System Securities,
NOS is not regulated as a facility of Nasdaq, but as a broker-dealer
regulated by its designated examining authority. See also BOX
Routing Pilot Release, 74 FR at 37071. ``Exchange Direct Orders''
are orders that are directed to an exchange other than NOM as
directed by the entering party without checking the NOM book. See
NOM Rules Chapter VI, Section 1(e)(7).
    \11\ See Notice.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\12\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(1) of the Act,\13\ which
requires, among other things, that a national securities exchange be so
organized and have the capacity to carry out the purposes of the Act,
and to comply and enforce compliance by its members and persons
associated with its members, with the provisions of the Act, the rules
and regulation thereunder, and the rules of the Exchange. Further, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\14\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices; to promote just and
equitable principles of trade; to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, and processing
information with respect to, and facilitating transactions in
securities; to remove impediments to and perfect the mechanism of a
free and open market and a national market system; and, in general, to
protect investors and the public interest. Section 6(b)(5) also
requires that the rules of an exchange not be designed to permit unfair
discrimination among customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(1).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member, the
Exchange previously proposed, and the Commission approved, limitations
and conditions on NOS's affiliation with the Exchange.\15\ Also
recognizing that the Commission has expressed concern regarding the
potential for conflicts of interest in instances where a member firm is
affiliated with an exchange to which it is routing orders, the Exchange
previously implemented limitations and conditions to NOS's affiliation
with the Exchange to permit the Exchange to accept orders routed
inbound to BOX by NOS from NOM that do not first attempt to access
liquidity on the NOM book.\16\ The Exchange states it has met these
conditions: \17\
---------------------------------------------------------------------------

    \15\ See BSE Approval Order, 73 FR at 46944.
    \16\ See BOX Routing Pilot Release, 74 FR at 37072.
    \17\ See Notice, 76 FR at 43741.
---------------------------------------------------------------------------

     First, the Exchange and FINRA have entered into a
Regulatory Contract. Pursuant to the Regulatory Contract, FINRA has
been allocated regulatory responsibilities to review NOS's compliance
with BOX's rules through FINRA's examination program.\18\ Also

pursuant to the Regulatory Contract, however, BX retains ultimate
responsibility for enforcing its rules with respect to NOS, except to
the extent they are covered by an agreement with FINRA pursuant to Rule
17d-2 under the Act (``17d-2 Agreement''),\19\ in which case FINRA is
allocated regulatory responsibility.
---------------------------------------------------------------------------

    \18\ The Exchange also states that NOS is subject to independent
oversight by FINRA, its Designated Examining Authority, for
compliance with financial responsibility requirements. See Notice,
76 FR at 43740, n.8.
    \19\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

     Second, FINRA and BX will monitor NOS for compliance with
the Exchange's trading rules, and will collect and maintain certain
related information.\20\
---------------------------------------------------------------------------

    \20\ Pursuant to the Regulatory Contract, both FINRA and the
Exchange will collect and maintain all alerts, complaints,
investigations and enforcement actions in which NOS (in its capacity
as a facility of Nasdaq routing orders to BOX) is identified as a
participant that has potentially violated applicable Commission or
Exchange rules. The Exchange and FINRA will retain these records in
an easily accessible manner in order to facilitate any potential
review conducted by the Commission's Office of Compliance
Inspections and Examinations. See Notice, 76 FR at 43741, n.10.
---------------------------------------------------------------------------

     Third, FINRA will provide a report to the BOXR's chief
regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which FINRA is aware) that identify NES as a
participant that has potentially violated Commission or Exchange rules,
and (ii) lists all investigations that identify NES as a participant
that has potentially violated Commission or Exchange rules.\21\
---------------------------------------------------------------------------

    \21\ See id.
---------------------------------------------------------------------------

     Fourth, the Exchange has adopted Chapter XXXIX, Section
2(c) of the Grandfathered Rules of the Exchange, which requires NASDAQ
OMX, as the holding company owning NOS and affiliated with BOX through
the ownership of the Exchange, to establish and maintain procedures and
internal controls reasonably designed to ensure that NOS does not
develop or implement changes to its system, based on non-public
information obtained regarding planned changes to the Exchange's
systems as a result of its affiliation with the Exchange, until such
information is available generally to similarly situated Exchange
members, in connection with the provision of inbound order routing to
the Exchange.\22\
---------------------------------------------------------------------------

    \22\ See chapter XXXIX, Section 2(c) of the Grandfathered Rules
of the Exchange. See also Notice, 76 FR at 43741.
---------------------------------------------------------------------------

     Fifth, NOS was authorized to route NOM Exchange Direct
Orders without checking the NOM book, and orders in NOM non-system
securities, inbound to the Exchange from NOM for a pilot period of
twelve months, which was subsequently extended to September 15,
2011.\23\
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    \23\ See Notice, 76 FR at 43741. See also Securities Exchange
Act Release No. 65177 (August 19, 2011) (SR-BX-2011-058). The
Commission notes that the original pilot period of twelve months
began on August 16, 2009, but was extended several times. See
Notice, 76 FR at 43740, n.5.; and SR-BX-2011-058, supra.

The Exchange believes that by meeting the above-listed conditions it
has set up mechanisms that protect the independence of the Exchange's
regulatory responsibility with respect to NOS, and has demonstrated
that NOS cannot use any information advantage it may have because of
---------------------------------------------------------------------------
its affiliation with the Exchange.\24\

    \24\ See BOX Routing Pilot Release, 76 FR at 43741.
---------------------------------------------------------------------------

    In the past, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises potential
conflicts of interest, and the potential for unfair competitive
advantage.\25\ Although the Commission continues to be concerned about
potential unfair competition and conflicts of interest between an
exchange's self-regulatory obligations and its commercial interest when
the exchange is affiliated with one of its members, for the reasons
discussed below, the Commission believes that it is consistent with the
Act to permit NOS to provide inbound routing to the Exchange on a
permanent basis instead of a pilot basis, subject to the other
conditions described above.
---------------------------------------------------------------------------

    \25\ See, e.g., Securities Exchange Act Release Nos. 54170 (July
18, 2006), 71 FR 42149 (July 25, 2006) (SR-NASDAQ-2006-006) (order
approving Nasdaq's proposal to adopt Nasdaq Rule 2140, restricting
affiliations between Nasdaq and its members); 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (order
approving the combination of the New York Stock Exchange, Inc. and
Archipelago Holdings, Inc.); 58673 (September 29, 2008), 73 FR 57707
(October 8, 2008) (SR-Amex-2008-62) (order approving the combination
of NYSE Euronext and the American Stock Exchange LLC); 59135
(December 22, 2008), 73 FR 79954 (December 30, 2008) (SR-ISE-2009-
85) (order approving the purchase by ISE Holdings of an ownership
interest in DirectEdge Holdings LLC); and 59281 (January 22, 2009),
74 FR 5014 (January 28, 2009) (SR-NYSE-2008-120) (order approving a
joint venture between NYSE and BIDS Holdings L.P.).
---------------------------------------------------------------------------

    The Exchange has proposed four ongoing conditions applicable to
NOS's routing activities, which are enumerated above. The Commission
believes that these conditions mitigate its concerns about potential
conflicts of interest and unfair competitive advantage. In particular,
the Commission believes that FINRA's oversight of NOS,\26\ combined
with FINRA's monitoring of NOS's compliance with BOX's rules and
quarterly reporting to the BOXR's CRO, will help to protect the
independence of the Exchange's regulatory responsibilities with respect
to NOS. The Commission also believes that Chapter XXXIX, Section 2(c)
of the Exchange's Grandfathered Rules is designed to ensure that NOS
cannot use any information advantage it may have because of its
affiliation with the Exchange.
---------------------------------------------------------------------------

    \26\ This oversight will be accomplished through the Regulatory
Contract between the Exchange and FINRA, and, as applicable, a 17d-2
Agreement.
---------------------------------------------------------------------------

IV. Conclusion

    It Is Therefore Ordered, pursuant to Section 19(b)(2) of the
Act,\27\ that the proposed rule change (SR-BX-2011-045) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22221 Filed 8-30-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Page 63046]
[FR Doc No: 2021-24729]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4457-DR; Docket ID FEMA-2021-0001]

New Hampshire; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Hampshire (FEMA-4457-DR), dated August 15, 2019,
and related determinations.

DATES: This change occurred on October 4, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, William Roy, of
FEMA is appointed to act as the Federal Coordinating Officer for this
disaster.
    This action terminates the appointment of James McPherson as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance
    Numbers (CFDA) are to be used for reporting and drawing funds:
97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032,
Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-24729 Filed 11-12-21; 8:45 am]
BILLING CODE 9111-23-P