[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Notices]
[Pages 28252-28256]
[FR Doc No: 2011-11860]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64453; File No. SR-NASDAQ-2011-062]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Fees for Members Using the NASDAQ Market Center

May 10, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 29, 2011, The NASDAQ Stock Market LLC (``NASDAQ'') 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 NASDAQ. 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 the
Substance of the Proposed Rule Change

    NASDAQ proposes to modify pricing for NASDAQ members using the
NASDAQ Market Center. NASDAQ has

designated this change to be operative on May 2, 2011. The text of the
proposed rule change is available at http://nasdaq.cchwallstreet.com/,
at NASDAQ's principal office, 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, NASDAQ included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NASDAQ is amending Rule 7018 to make modifications to its pricing
schedule for execution of quotes/orders through the NASDAQ Market
Center of securities priced at $1 or more. Under the pricing schedule,
NASDAQ offers a credit to liquidity providers, with the size of the
credit varying based on a range of parameters specified in the fee
schedule. The lowest liquidity provider rebate is $0.0020 per share
executed for displayed quotes/orders and $0.0010 per share executed for
non-displayed quotes/orders. Under the proposed change, NASDAQ will
modify the parameters under which members may qualify for higher
liquidity provider rebates. In general, the changes will broaden the
circumstances under which members may qualify for a higher rebate,
although in some circumstances the changes may reduce a particular
member's rebate.
    First, NASDAQ is simplifying the method of determining whether a
member qualifies for its highest rebate tier of $0.0015 per share
executed for non-displayed quotes/orders and $0.00295 per share
executed for displayed quotes/orders. Currently, a member's eligibility
for this tier is based on its achieving certain levels of liquidity
provision that vary depending on overall trading volumes during the
month. Thus, a member qualifies for the highest credit if it has an
average daily volume through the NASDAQ Market Center in all securities
during the month of: (i) More than 95 million shares of liquidity
provided, if average total consolidated volume reported to all
consolidated transaction reporting plans by all exchanges and trade
reporting facilities is more than 10 billion shares per day during the
month; (ii) more than 85 million shares of liquidity provided, if
average total consolidated volume is between 9,000,000,001 and 10
billion shares per day during the month; (iii) more than 75 million
shares of liquidity provided, if average total consolidated volume is
between 8,000,000,001 and 9 billion shares per day during the month;
and (iv) more than 65 million shares of liquidity provided, if average
total consolidated volume is 8 billion or fewer shares per day during
the month. The liquidity must be provided through a single market
participant identifier (``MPID'') of the member. Under this approach,
depending on the volume during a month, a member may be required to
provide liquidity that represents varying percentages of the total
consolidated volume in order to achieve the tier. In order to adopt a
requirement that is consistent from month to month, NASDAQ is modifying
the requirement so that it is directly tied to a member's percentage of
total consolidated volume during the month, with any member providing
liquidity through a single MPID that represents more than 0.90% of the
total becoming eligible for the rebate tier. NASDAQ believes that this
change will make the amount of liquidity provision required to achieve
the highest rebate tier more predictable and less prone to month-to-
month changes than under the current approach. For example, under the
current approach, in a month with 9 billion shares of average total
consolidated volume per day, a member would be required to provide a
daily average of 75 million shares of liquidity, or approximately 0.83%
of the total, while in a month with slightly over 9 billion shares of
average total consolidated volume per day, the requirement would rise
to 85 million shares of liquidity, or about 0.94% of the total. Under
the changed approach, the member would be required to provide 0.90% of
the total, regardless of the volume during that month. The change will
ensure that a member providing that level of liquidity will
consistently receive the highest rebate, whereas a member providing
that level of liquidity under the current schedule might receive the
highest rebate in some months but not in others as overall market
volumes fluctuated. For example, during the first three months of 2011,
as well as the month of April 2011,\3\ average daily trading volumes
were 8.158 billion, 7.804 billion, 7.870 billion, and 6.970 billion
shares, respectively. Thus, a member seeking to receive this rebate
tier during January 2011 was required to provide a daily average of
more than 75 million shares of liquidity per day during January 2011,
and a daily average of more than 65 million shares during each of
February, March, and April. However, in each of these months, the
required volumes represented 0.919%, 0.833%, 0.826%, and 0.933%,
respectively, of the total. Thus, a member providing the new required
threshold of 0.90% would have received the highest rebate in only two
of the four months under the current approach. Moreover, to the extent
that trading volumes remain at or near April 2011 levels, the new
approach will make it consistently easier for members to reach the
volume levels required for the highest tier.
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    \3\ Based on volume data through April 26, 2011.
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    Second, NASDAQ currently offers a rebate tier of $0.0015 per share
executed for quotes/orders that are not displayed and $0.0029 per share
executed for quotes/orders that are displayed to members providing a
daily average of more than 35 million shares of liquidity during the
month, through one or more of its MPIDs. This tier is currently not
tied to overall market volumes, and therefore may be more difficult for
a member to achieve in a low volume month. NASDAQ is modifying the tier
to make it available to a member providing liquidity through one or
more of its MPIDs that represents more than 0.45% of total consolidated
trading volume. As a result, the required threshold will be lowered for
any month with an average trading volume lower than 7,777,777,778
shares per day, but raised for months with higher trading volumes. To
the extent that trading volumes remain at or near April 2011 levels,
the new approach will make it consistently easier for members to reach
the volume levels required for the highest tier.
    Third, in order to retain a favorable rebate tier for members that
provide a specified minimum level of liquidity without regard to
overall market trading volumes, NASDAQ is also introducing a new rebate
tier for members that provide a daily average of more than 25 million
shares of liquidity during a month, through one or more MPIDs. Such
members will receive a credit of $0.0010 per share executed for non-
displayed quotes/orders, and $0.0027 per share executed for displayed
quotes/orders. In addition, NASDAQ is retaining a tier for members
providing a

daily average of more than 20 million share of liquidity, under which
it pays a rebate of $0.0010 per share executed for non-displayed
liquidity and $0.0025 per share executed for displayed liquidity.\4\
These rebate tiers would be expected to benefit members whose order
flow does not rise during high volume months, but that nevertheless
provide the specified levels of liquidity, thereby contributing to the
depth and market quality of the NASDAQ book.
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    \4\ NASDAQ is making non-substantive changes to the text that
describes this rebate tier, however. Specifically, the text had
contained references to levels of liquidity provision with respect
to stocks listed on venues other than NASDAQ and the New York Stock
Exchange that were needed to distinguish the requirements of the
tier from the requirements of another similarly worded tier. Because
the requirements of the other tier are being modified, the
distinguishing language is being deleted.
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    Fourth, NASDAQ currently provides a rebate tier for members that
provide specified quantities of liquidity in general and with respect
to stocks listed on venues other than NASDAQ and the New York Stock
Exchange (``Tape B stocks'') in particular. Currently, the rebate is
available to members that provide a daily average of more than 20
million shares of liquidity during the month, including a daily average
of more than 8 million shares of liquidity in Tape B stocks. Such
members receive a rebate of $0.0015 per share executed for non-
displayed quotes/orders and a rebate of $0.0029 per share executed for
displayed quotes/orders. As with several other tiers, NASDAQ is
modifying the tier requirements to specify percentages of total
consolidated volume rather than share volumes. Specifically, a member
will be eligible for this rebate tier if it provides liquidity through
one or more MPIDs that represents more than 0.30% of total consolidated
volume, and shares of liquidity in Tape B stocks that represent more
than 0.10% of total consolidated volume. As a result, the required
threshold for overall liquidity provided will be lowered in a month
with average daily trading volumes below 6,666,666,667 shares, while
the required threshold for Tape B liquidity would be lowered in a month
with average daily trading volumes below 8 billion shares.
    Fifth, NASDAQ is introducing new liquidity provider rebate tiers
that focus on the extent to which a member accesses liquidity as well
as its level of liquidity provision. Because members accessing high
levels of liquidity contribute to the quality of the NASDAQ market
through the payment of fees and by encouraging members that post
liquidity to post orders that seek to interact with incoming orders,
NASDAQ believes that it is appropriate to offer an enhanced liquidity
provider rebate to such members. Specifically, if a member accesses
shares of liquidity through one or more of its MPIDs that represent
more than 0.65% of total consolidated volume, and also provides a daily
average of at least 2 million shares of liquidity through one or more
MPIDs, NASDAQ will pay a rebate of $0.0015 per share executed for the
member's non-displayed quotes/orders, and $0.0029 per share executed
for its displayed quotes/orders. Similarly, if a member accesses shares
of liquidity through one or more of its MPIDs that represent more than
0.45% of total consolidated volume, and also provides a daily average
of at least 2 million shares of liquidity through one or more MPIDs,
NASDAQ will pay a rebate of $0.0010 per share executed for the member's
non-displayed quotes/orders, and $0.0025 per share executed for its
displayed quotes/orders.
    Finally, with respect to liquidity provider rebate tiers focused on
members active in both the NASDAQ Stock Market and the NASDAQ Options
Market, NASDAQ is modifying its existing tiers and adding a new tier.
Currently, a member that provides a daily average of more than 10
million shares of liquidity in the NASDAQ Stock Market, and trades a
daily average of more than 130,000 contracts in the NASDAQ Options
Market is eligible to receive a rebate of $0.0015 per share executed
for its non-displayed quotes/orders and $0.0029 per share executed for
its displayed quotes/orders. NASDAQ is reducing the required daily
average number of options contracts to 115,000, while modifying the
liquidity provision threshold to require shares of liquidity
representing more than 0.15% of total consolidated volume. The required
volume of liquidity provision would thereby be reduced in any month
with an average daily volume of less than 6,666,666,667 shares.
    Similarly, a member that currently provides shares representing
1.0% or more of the total consolidated volume in the NASDAQ Stock
Market, and trades a daily average of more than 300,000 contracts in
the NASDAQ Options Market, is eligible to receive a rebate of $0.0015
per share executed for its non-displayed quotes/orders and $0.00295 per
share executed for its displayed quotes/orders. NASDAQ is reducing the
liquidity provision threshold to require shares of liquidity
representing more than 0.90% of total consolidated volume.\5\
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    \5\ NASDAQ is also deleting the word ``average'' from the
provision since it is superfluous: A member providing a given
percentage of the average total consolidated volume on each day
during the month would provide the same percentage of the total
consolidated volume for the entire month. NASDAQ is also amending
Rule 7018(j) to stipulate that any trading day on which the market
is not open for the entire trading day (such as the day after
Thanksgiving) will be excluded from the calculation of total
consolidated volume as well as average daily volume.
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    Under the new tier for members active in both markets, a member
will be eligible to receive $0.0010 per share executed with respect to
non-displayed quotes/orders and $0.0025 per share executed with respect
to displayed quotes/orders if it provides shares of liquidity
representing more than 0.10% of the total consolidated volume for the
month, and also trades an average daily volume of more than 115,000
contracts on the NASDAQ Options Market during the month.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls. All similarly situated members are
subject to the same fee structure, and access to NASDAQ is offered on
fair and non-discriminatory terms.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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    The filing introduces many changes with respect to the liquidity
provider rebates paid by NASDAQ, but NASDAQ believes that the overall
effect of the changes will be to make it easier for members to receive
higher rebates, particularly in months with lower trading volumes,
thereby reducing prices for those members that were previously unable
to qualify for an enhanced rebate but that are able to do so under the
revised pricing schedule. All of the proposed rebate tiers are based
upon a member's level of activity in the NASDAQ Stock Market and/or
NASDAQ Options Market.
    With respect to the replacement of share thresholds with percentage
thresholds for certain of NASDAQ's existing rebate tiers,\8\ NASDAQ
believes that the change is reasonable, because it will result in more
predictability from month to month with respect to the levels of
liquidity provision required to

receive the applicable rebate levels. Although the changes will make it
easier to achieve applicable rebate tiers in some months and more
difficult in other months, depending on overall market volumes, NASDAQ
believes that the levels of activity required to achieve higher tiers
are generally consistent with existing requirements for these tiers.
Moreover, like existing rebate tiers tied to volume levels, as in
effect at NASDAQ and other markets, the proposed rebate tiers are
equitable and non-discriminatory because they are open to all members
on an equal basis and provide discounts that are reasonably related to
the value to an exchange's market quality associated with higher
volumes.
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    \8\ Specifically, the tiers for members providing more than
0.90% of total consolidated volume, for members providing more than
0.45% of total consolidated volume, and for members providing more
than 0.30% of total consolidated volume, including 0.10% in Tape B
stocks.
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    Similarly, the proposed new rebate tier for members providing an
average daily volume of more than 25 million shares of liquidity will
provide members with greater opportunities to receive a higher rebate.
Accordingly, it is reasonable because it will reduce fees for members
providing more than 25 million, but fewer than 35 million shares of
liquidity per day, and is non-discriminatory and equitable because it
is open to all members on an equal basis and provides discounts that
are reasonably related to the value to an exchange's market quality
associated with volumes.
    The new rebate tiers for members that access high volumes of
liquidity and provide a daily average of at least 2 million shares of
liquidity are reasonable because they will reduce fees for members that
qualify for the tiers. Moreover, NASDAQ believes that they are non-
discriminatory and equitable because they are open to all members on an
equal basis and provide discounts that are reasonably related to the
value to an exchange's market quality associated with higher volumes.
Although many rebate tiers focus on levels of liquidity provision,
NASDAQ believes that is also reasonable and equitable to reduce fees
for members that access high volumes of liquidity, because the presence
of such members' order flow in turn attracts members that seek to post
quotes/orders to interact with incoming order flow.
    With respect to pricing changes for members active on both the
NASDAQ Market Center and the NASDAQ Options Market, NASDAQ has noted in
its prior filings with regard to existing rebate tiers focused on such
members that the tiers are responsive to the convergence of trading in
which members simultaneously trade different asset classes within a
single strategy.\9\ NASDAQ also notes that cash equities and options
markets are linked, with liquidity and trading patterns on one market
affecting those on the other. Accordingly, pricing incentives that
encourage market participant activity in both markets recognize that
activity in the options markets also supports price discovery and
liquidity provision in the NASDAQ Market Center. Moreover, NASDAQ
believes that these changes are reasonable because they will make it
easier for members active in both markets to qualify for an enhanced
rebate, and are also non-discriminatory and equitable. They are open to
all members, but are not the exclusive means by which members may
qualify for the associated rebate levels. Accordingly, members are not
required to trade in the NASDAQ Options Market in order to receive the
applicable rebates.
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    \9\ Securities Exchange Act Release No. 64003 (March 2, 2011),
76 FR 12784 (March 8, 2011) (SR-NASDAQ-2011-028); Securities
Exchange Act Release No. 59879 (May 6, 2009), 74 FR 22619 (May 13,
2009) (SR-NASDAQ-2009-041).
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    Finally, NASDAQ notes that it operates in a highly competitive
market in which market participants can readily favor competing venues
if they deem fee levels at a particular venue to be excessive. In such
an environment, NASDAQ must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. NASDAQ believes that the proposed rule change
reflects this competitive environment because it will broaden the
conditions under which members may qualify for higher liquidity
provider rebates.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order execution and routing is extremely competitive, members may
readily opt to disfavor NASDAQ's execution services if they believe
that alternatives offer them better value. For this reason and the
reasons discussed in connection with the statutory basis for the
proposed rule change, NASDAQ does not believe that the proposed changes
will impair the ability of members or competing order execution venues
to maintain their competitive standing in the financial markets.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\10\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is 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 to determine whether the
proposed rule should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(3)(a)(ii).
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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-NASDAQ-2011-062 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-NASDAQ-2011-062. 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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing will
also be available for inspection and copying at the principal office of
NASDAQ. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    All submissions should refer to File Number SR-NASDAQ-2011-062, and
should be submitted on or before June 6, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-11860 Filed 5-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Proposed Rules]
[Pages 68552-68553]
[FR Doc No: 2010-28095]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1032; Airspace Docket No. 10-AGL-20]

Proposed Amendment of Class E Airspace; Muncie, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Muncie, IN
to accommodate new Standard Instrument Approach Procedures (SIAP) for
the Ball Memorial Hospital Heliport. The FAA is taking this action to
enhance the safety and management of Instrument Flight Rules (IFR)
operations.

DATES: 0901 UTC. Comments must be received on or before December 23,
2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140,

Washington, DC 20590-0001. You must identify the docket number FAA-
2010-1032/Airspace Docket No. 10-AGL-20, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone 1-800-647-5527),
is on the ground floor of the building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-1032/
Airspace Docket No. 10-AGL-20.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend title 14, Code of Federal Regulations
(14 CFR), part 71 by adding Class E airspace extending upward from 700
feet above the surface for a new COPTER RNAV (POINT-IN-SPACE) SIAP for
the Ball Memorial Hospital Heliport, Muncie, IN. Controlled airspace is
needed for the safety and management of IFR operations at the heliport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010, and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would add controlled airspace for the Ball Memorial Hospital
Heliport, Muncie, IN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9U,
Airspace Designations and Reporting Points, dated August 18, 2010, and
effective September 15, 2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL IN E5 Muncie, IN [Amended]

Muncie, Delaware County Regional Airport, IN
    (Lat. 40[deg]14'33'' N., long. 85[deg]23'45'' W.)
Muncie, Ball Memorial Hospital Heliport, IN
Point in Space
    (Lat. 40[deg]11'50'' N., long. 85[deg]25'52'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Purdue University Airport, and within a 6-
mile radius of the Ball Memorial Hospital Heliport point in space at
lat. 40[deg]11'50''N., long. 85[deg]25'52''W.

    Issued in Fort Worth, TX, on October 26, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-28095 Filed 11-5-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54155-54157]
[FR Doc No: 2019-21983]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-2256]

Request for Nominations for Individuals and Consumer
Organizations for Advisory Committees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting that any
consumer organizations interested in participating in the selection of
voting and/or nonvoting consumer representatives to serve on its
advisory committees or panels notify FDA in writing. FDA is also
requesting nominations for voting and/or nonvoting consumer
representatives to serve on advisory committees and/or panels for which
vacancies currently exist or are expected to occur in the near future.
Nominees recommended to serve as a voting or nonvoting consumer
representative may be self-nominated or may be nominated by a consumer
organization.
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and, therefore, encourages nominations of
appropriately qualified candidates from these groups.

DATES: Any consumer organization interested in participating in the
selection of an appropriate voting or nonvoting member to represent
consumer interests on an FDA advisory committee or panel may send a
letter or email stating that interest to FDA (see ADDRESSES) by
November 8, 2019, for vacancies listed in this notice. Concurrently,
nomination materials for prospective candidates should be sent to FDA
(see ADDRESSES) by November 8, 2019. Nominations will be accepted for
current vacancies and for those that will or may occur through December
31, 2019.

ADDRESSES: All statements of interest from consumer organizations
interested in participating in the selection process should be
submitted electronically to<EMAIL_ADDRESS>by mail to
Advisory Committee Oversight and Management Staff, 10903 New Hampshire
Ave., Bldg. 32, Rm. 5122, Silver Spring, MD 20993-0002, or by Fax: 301-
847-8640.
    Consumer representative nominations should be submitted
electronically by logging into the FDA Advisory Committee Membership
Nomination Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm, by mail to Advisory Committee Oversight and
Management Staff, 10903 New Hampshire Ave., Bldg. 32, Rm. 5122, Silver
Spring, MD 20993-0002, or by Fax:<PHONE_NUMBER>. Additional information
about becoming a member of an FDA advisory committee can also be
obtained by visiting FDA's website at http://www.fda.gov/AdvisoryCommittees/default.htm.

FOR FURTHER INFORMATION CONTACT: For questions relating to
participation in the selection process: Kimberly Hamilton, Advisory
Committee Oversight and Management Staff, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 32, Rm. 5122, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>, email<EMAIL_ADDRESS>    For questions relating to specific advisory committees or panels:
Contact the appropriate contact person listed in table 1.

                  Table 1--Advisory Committee Contacts
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             Contact person                       Committee/panel
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Kalyani Bhatt, Center for Drug            Bone, Reproductive, and
 Evaluation and Research, Food and Drug    Urological Drugs Advisory
 Administration, 10903 New Hampshire       Committee;
 Ave., Bldg. 31, Rm. 2438, Silver          Psychopharmacologic Drugs
 Spring, MD 20993-0002,<PHONE_NUMBER>,      Advisory Committee.
 email<EMAIL_ADDRESS>Patricio Garcia, Center for Devices and   Clinical Chemistry and
 Radiological Health, Food and Drug        Clinical Toxicology Devices
 Administration, 10903 New Hampshire       Panel; Gastroenterology and
 Ave., Bldg. 66, Rm. G610, Silver          Urology Devices Panel;
 Spring, MD 20993-0002,<PHONE_NUMBER>,      Obstetrics and Gynecology
 email<EMAIL_ADDRESS>      Devices Panel.
Sara Anderson, Center for Devices and     Dental Products Devices Panel;
 Radiological Health, Food and Drug        National Mammography Advisory
 Administration, 10903 New Hampshire       Committee; Radiological
 Ave., Bldg. 66, Rm. G616 Silver Spring,   Devices Panel.
 MD 20993-0002,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>Evella Washington, Center for Devices     Circulatory Systems Devices
 and Radiological Health, Food and Drug    Panel.
 Administration, 10903 New Hampshire
 Ave., Bldg. 66, Rm. G640, Silver
 Spring, MD 20993-0002,<PHONE_NUMBER>,
 email<EMAIL_ADDRESS>Joannie Adams-White, Center for Devices   Medical Devices Dispute
 and Radiological Health, Food and Drug    Resolution Panel.
 Administration, 10903 New Hampshire
 Ave., Bldg. 66, Rm. 5519, Silver
 Spring, MD 20993-0002,<PHONE_NUMBER>,
 email<EMAIL_ADDRESS>Aden Asefa, Center for Devices and        Immunology Devices Panel;
 Radiological Health, Food and Drug        Microbiology Devices Panel.
 Administration, 10903 New Hampshire
 Ave., Bldg. 66, Rm. G642, Silver
 Spring, MD 20993-0002,<PHONE_NUMBER>,
 email<EMAIL_ADDRESS>------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:
    FDA is requesting nominations for voting and/or nonvoting consumer
representatives for the vacancies listed in table 2:

      Table 2--Committee Descriptions, Type of Consumer Representative Vacancy, and Approximate Date Needed
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   Committee/panel/areas of expertise needed       Type of vacancy              Approximate date needed
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Bone, Reproductive, and Urological Drugs        1--Voting............  Immediately.
 Advisory Committee--Knowledgeable in the
 fields of osteoporosis and metabolic bone
 disease, obstetrics, gynecology, urology,
 pediatrics, epidemiology, or statistics and
 related specialties.

Psychopharmacologic Drugs Advisory Committee--  1--Voting............  Immediately.
 Knowledgeable in the fields of
 psychopharmacology, psychiatry, epidemiology
 or statistics, and related specialties.
Clinical Chemistry and Clinical Toxicology      1--Nonvoting.........  Immediately.
 Devices Panel--Doctors of Medicine or
 Philosophy with experience in clinical
 chemistry (e.g., cardiac markers), clinical
 toxicology, clinical pathology, clinical
 laboratory medicine, and endocrinology.
Gastroenterology and Urology Devices Panel--    1--Nonvoting.........  Immediately.
 Gastroenterologists, urologists, and
 nephrologists.
Obstetrics and Gynecology Devices Panel--       1--Nonvoting.........  Immediately.
 Experts in perinatology, embryology,
 reproductive endocrinology, pediatric
 gynecology, gynecological oncology, operative
 hysteroscopy, pelviscopy, electro-surgery,
 laser surgery, assisted reproductive
 technologies, contraception, postoperative
 adhesions, and cervical cancer and
 colposcopy; biostatisticians and engineers
 with experience in obstetrics/gynecology
 devices; urogynecologists; experts in breast
 care; experts in gynecology in the older
 patient; experts in diagnostic (optical)
 spectroscopy; experts in midwifery; labor and
 delivery nursing.
Dental Products Device Panel--Dentists,         1--Nonvoting.........  October 30, 2019.
 engineers, and scientists who have expertise
 in the areas of dental implants, dental
 materials, periodontology, tissue
 engineering, and dental anatomy.
National Mammography Advisory Committee--       1--Nonvoting.........  Immediately.
 Physician, practitioner, or other health
 professional whose clinical practice,
 research specialization, or professional
 expertise includes a significant focus on
 mammography.
Circulatory Systems Devices Panel--             1--Nonvoting.........  Immediately.
 Interventional cardiologists,
 electrophysiologists, invasive (vascular)
 radiologists, vascular and cardiothoracic
 surgeons, and cardiologists with special
 interest in congestive heart failure.
Medical Devices Dispute Resolution--Experts     1--Nonvoting.........  Immediately.
 with broad, cross-cutting scientific,
 clinical, analytical, or mediation skills.
Immunology Devices Panel--Persons with          1--Nonvoting.........  Immediately.
 experience in medical, surgical, or clinical
 oncology, internal medicine, clinical
 immunology, allergy, molecular diagnostics,
 or clinical laboratory medicine.
Microbiology Devices Panel--Clinicians with an  1--Nonvoting.........  Immediately.
 expertise in infectious disease, e.g.,
 pulmonary disease specialists, sexually
 transmitted disease specialists, pediatric
 infectious disease specialists, experts in
 tropical medicine and emerging infectious
 diseases, mycologists; clinical
 microbiologists and virologists; clinical
 virology and microbiology laboratory
 directors, with expertise in clinical
 diagnosis and in vitro diagnostic assays,
 e.g., hepatologists; molecular biologists.
Radiology Devices Panel--Physicians with        1--Nonvoting.........  Immediately.
 experience in general radiology, mammography,
 ultrasound, magnetic resonance, computed
 tomography, other radiological subspecialties
 and radiation oncology; scientists with
 experience in diagnostic devices, radiation
 physics, statistical analysis, digital
 imaging ,and image analysis.
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I. Functions and General Description of the Committee Duties

A. Bone, Reproductive, and Urologic Drugs Advisory Committee

    Reviews and evaluates data on the safety and effectiveness of
marketed and investigational human drugs for use in the practice of
osteoporosis and metabolic bone disease, obstetrics, gynecology,
urology, and related specialties.

B. Psychopharmacologic Drugs Advisory Committee

    Reviews and evaluates data concerning the safety and effectiveness
of marketed and investigational human drug products for use in the
practice of psychiatry and related fields.

C. Certain Panels of the Medical Devices Advisory Committee

    Reviews and evaluates data on the safety and effectiveness of
marketed and investigational devices and makes recommendations for
their regulation. With the exception of the Medical Devices Dispute
Resolution Panel, each panel, according to its specialty area, advises
on the classification or reclassification of devices into one of three
regulatory categories; advises on any possible risks to health
associated with the use of devices; advises on formulation of product
development protocols; reviews premarket approval applications for
medical devices; reviews guidelines and guidance documents; recommends
exemption of certain devices from the application of portions of the
Federal Food, Drug, and Cosmetic Act; advises on the necessity to ban a
device; and responds to requests from the Agency to review and make
recommendations on specific issues or problems concerning the safety
and effectiveness of devices. With the exception of the Medical Devices
Dispute Resolution Panel, each panel, according to its specialty area,
may also make appropriate recommendations to the Commissioner of Food
and Drugs (the Commissioner) on issues relating to the design of
clinical studies regarding the safety and effectiveness of marketed and
investigational devices.
    The Dental Products Panel also functions at times as a dental drug
panel. The functions of the dental drug panel are to evaluate and
recommend whether various prescription drug products should be changed
to over-the-counter status and to evaluate data and make
recommendations concerning the approval of new dental drug products for
human use.
    The Medical Devices Dispute Resolution Panel provides advice to the
Commissioner on complex or contested scientific issues between FDA and
medical device sponsors, applicants, or manufacturers relating to
specific products, marketing applications, regulatory decisions and
actions by FDA, and Agency guidance and policies. The panel makes
recommendations on issues that are

lacking resolution, are highly complex in nature, or result from
challenges to regular advisory panel proceedings or Agency decisions or
actions.

II. Criteria for Members

    Persons nominated for membership as consumer representatives on
committees or panels should meet the following criteria: (1)
Demonstrate an affiliation with and/or active participation in consumer
or community-based organizations, (2) be able to analyze technical
data, (3) understand research design, (4) discuss benefits and risks,
and (5) evaluate the safety and efficacy of products under review. The
consumer representative should be able to represent the consumer
perspective on issues and actions before the advisory committee; serve
as a liaison between the committee and interested consumers,
associations, coalitions, and consumer organizations; and facilitate
dialogue with the advisory committees on scientific issues that affect
consumers.

III. Selection Procedures

    Selection of members representing consumer interests is conducted
through procedures that include the use of organizations representing
the public interest and public advocacy groups. These organizations
recommend nominees for the Agency's selection. Representatives from the
consumer health branches of Federal, State, and local governments also
may participate in the selection process. Any consumer organization
interested in participating in the selection of an appropriate voting
or nonvoting member to represent consumer interests should send a
letter stating that interest to FDA (see ADDRESSES) within 30 days of
publication of this document.
    Within the subsequent 30 days, FDA will compile a list of consumer
organizations that will participate in the selection process and will
forward to each such organization a ballot listing at least two
qualified nominees selected by the Agency based on the nominations
received, together with each nominee's current curriculum vitae or
r[eacute]sum[eacute]. Ballots are to be filled out and returned to FDA
within 30 days. The nominee receiving the highest number of votes
ordinarily will be selected to serve as the member representing
consumer interests for that particular advisory committee or panel.

IV. Nomination Procedures

    Any interested person or organization may nominate one or more
qualified persons to represent consumer interests on the Agency's
advisory committees or panels. Self-nominations are also accepted.
Nominations must include a current, complete r[eacute]sum[eacute] or
curriculum vitae for each nominee and a signed copy of the
Acknowledgement and Consent form available at the FDA Advisory
Nomination Portal (see ADDRESSES section of this document), and a list
of consumer or community-based organizations for which the candidate
can demonstrate active participation.
    Nominations must also specify the advisory committee(s) or panel(s)
for which the nominee is recommended. In addition, nominations must
also acknowledge that the nominee is aware of the nomination unless
self-nominated. FDA will ask potential candidates to provide detailed
information concerning such matters as financial holdings, employment,
and research grants and/or contracts to permit evaluation of possible
sources of conflicts of interest. Members will be invited to serve for
terms up to 4 years.
    FDA will review all nominations received within the specified
timeframes and prepare a ballot containing the names of qualified
nominees. Names not selected will remain on a list of eligible nominees
and be reviewed periodically by FDA to determine continued interest.
Upon selecting qualified nominees for the ballot, FDA will provide
those consumer organizations that are participating in the selection
process with the opportunity to vote on the listed nominees. Only
organizations vote in the selection process. Persons who nominate
themselves to serve as voting or nonvoting consumer representatives
will not participate in the selection process.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: October 3, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-21983 Filed 10-8-19; 8:45 am]
BILLING CODE 4164-01-P