[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58818-58819]
[FR Doc No: 2019-23947]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2017-0975]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Information
Collection 2120-0768

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on August 7, 2019. The FAA proposes collecting information
related to requests to operate Unmanned Aircraft Systems (UAS) in
controlled airspace pursuant to regulations contained in the code of
federal regulations. FAA will use the collected information to make
determinations whether to authorize or deny the requested operation of
UAS in controlled airspace. The proposed information collection is
necessary to issue such authorizations or denials consistent with the
FAA's mandate to ensure safe and efficient use of national airspace.

DATES: Written comments should be submitted by December 2, 2019.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Casey Nair, FAA's Unmanned Aircraft
Systems (UAS) Low Altitude Authorization and Notification Capability
(LAANC) Program Manager, by email at [email protected]; phone: 202-
267-0369.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    OMB Control Number: 2120-0768.
    Title: Requests for Comments; Clearance of Renewed Approval of
Information Collection: Information Collection 2120-0768, Part 107
Authorizations and Waivers under 14 CFR part 107.
    Form Numbers: There are no forms associated with this collection.
    Type of Review: Renewal of existing Information Collection.
    Background: The Federal Register Notice with 60-day comment period
soliciting comments on the following collection of information was
published on August 7, 2019 (84 FR 38719). The FAA has seen increased
operations of small Unmanned Aircraft Systems (UAS) flying under 14 CFR
part 107. Section 107.41 states that ``no person may operate a small
unmanned aircraft in Class B, Class C, or Class D airspace or within
the lateral boundaries of the surface area of Class E airspace
designated for an airport unless that person has prior authorization
from Air Traffic Control (ATC).'' Such authorization may be obtained in
the form of either an airspace authorization issued by the FAA or a
waiver of the authorization requirements of 14 CFR 107.41 (airspace
waiver). Additionally, operators may request waivers of the other
operational requirements listed in Sec.  107.205 (operational waivers).
    In order to process authorization and airspace waiver requests, the
FAA requires the operator's name, the operator's contact information,
and information related to the date, place, and time of the requested
small UAS operation. This information is necessary for the FAA to meet
its statutory mandate of maintaining a safe and efficient national
airspace. See 49 U.S.C. 40103 and 44701; 49 U.S.C. 44807.
    Additionally, if the operator is seeking an operational waiver from
one of the other regulations listed in 14 CFR 107.205, further
information is required related to the proposed waiver and any
necessary mitigations. The FAA will use the requested information to
determine if the proposed UAS operation can be conducted safely.
    The FAA proposes to use LAANC and a web portal to process
authorization requests from the public to conduct Part 107 flight
operations pursuant to Sec.  107.41. The FAA also proposes to use the
web portal to process requests from the public to conduct Part 107
flight operations that require an operational waiver or an airspace
waiver.
    The FAA received no public comments to the 60-day Federal Register
Notice.
    Respondents: Small UAS operators seeking to conduct flight
operations under 14 CFR part 107 within controlled airspace or flight
operations that require waiver from certain provisions of Part 107.
Between 2020-2022, the FAA estimates that it will receive a total of
794,888 requests for airspace authorization. The FAA determines future
estimated airspace authorization requests by the ratio of the number of
received requests against the total number of registered Part 107 UAS.
In the 60-day Notice published on August 7, 2019, the FAA estimated
346,917 airspace authorizations from 2020-2022. This number has
increased to 794,888 for two reasons. First, since the 60-day Notice
estimate on future airspace authorization requests was made, there have
been nearly 30,000 new registrations of UAS, which exceeds all FAA
expectations. The FAA has also received a corresponding increase in
authorization requests since the 60-day Notice was published. The FAA
now expects to see 18% more airspace authorization requests in 2019
than when the 60-day Notice was published, which increases the number
of respondents the FAA expects over the next three years. Second, in
its 60-day Notice the FAA calculated future UAS use based on the ratio
of requests to registrations, but used a ratio based on requests from
January 1--May 31, 2019 as opposed to the ratio for the full calendar
year. This change reflects only that the FAA anticipates the total
number of requests from all Part 107 respondents to be higher than what
was estimated in the 60-day Notice. The time required for each
individual request will remain the same as the average burden per
response remains 5 minutes for respondents using LAANC and 30 minutes
for respondents using the web portal as reported in the 60-day Notice.
    In the 60-day Notice, the FAA estimated 27,831 requests for
airspace waivers and 9,000 requests for operational waivers. When the
FAA provided the estimates in the 60-day Notice it transposed the
numbers for airspace waivers and operational waivers. The FAA estimates
it will receive 8,458 requests for airspace waivers and 24,103 requests
for operational waivers between 2020-2022 which reflects the correct
burden estimate for compliance with sub-sections of 14 CFR 107.205.
    Frequency: The requested information will need to be provided each
time a respondent requests an airspace authorization to operate a small
UAS under 14 CFR part 107 in controlled airspace. A respondent may
reduce the frequency by seeking and obtaining an airspace waiver to
conduct recurring operations. For requests for operational waivers, a
respondent will need to provide the information once at the time of the
request for the waiver. If granted, operational waivers may be valid
for up to four (4) years.
    Estimated Average Burden per Response: The FAA estimates the
respondents using LAANC will take five (5) minutes per request and
those using the web portal will take thirty (30) minutes per request.
For those submitting requests for airspace or operational waivers
through the web portal, the FAA estimates each request will take thirty
(30) minutes.
    Estimated Total Annual Burden: For airspace authorizations, the FAA
estimates that the average annual burden will be 35,251 hours for
respondents submitting requests. This includes 19,353 burden hours for
233,167 respondents using the automated LAANC capabilities and 15,898
hours for 31,796 web portal respondents. These revised numbers reflect
corrections made as explained above.
    For airspace waivers, the FAA estimates that the average annual
burden will be 1,410 hours for respondents. For operational waivers,
the FAA estimates that the average annual burden will be 5,222 hours
for respondents. These revised numbers reflect corrections made as
explained above.

    Issued in Washington, DC, on October 29, 2019.
Casey Nair,
UAS LAANC Program Manager.
[FR Doc. 2019-23947 Filed 10-31-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44013-44014]
[FR Doc No: 2011-18472]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0487]

Draft Guidance for Industry: Implementation of Acceptable Full-
Length and Abbreviated Donor History Questionnaires and Accompanying
Materials for Use in Screening Donors of Source Plasma; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft document entitled ``Guidance for Industry:
Implementation of Acceptable Full-Length and Abbreviated Donor History
Questionnaires and Accompanying Materials for Use in Screening Donors
of Source Plasma'' dated July 2011. The draft guidance document
recognizes the standardized full-length and abbreviated donor history
questionnaires and accompanying materials, version 1.0.1 dated December
2010, as an acceptable mechanism that is consistent with FDA's
requirements and recommendations for collecting Source Plasma donor
history information. The Plasma Protein Therapeutics Association (PPTA)
Source Plasma donor history questionnaires and accompanying materials
(SPDHQ documents) will provide blood establishments that collect Source
Plasma with a specific process for administering questions to Source
Plasma donors to determine their eligibility to donate.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by October 20, 2011.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Office of Communication, Outreach and Development (HFM-
40), Center for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist the office in
processing your requests. The draft guidance may also be obtained by
mail by calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Tami Belouin, Center for Biologics
Evaluation and Research (HFM-17), Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document entitled
``Guidance for Industry: Implementation of Acceptable Full-Length and
Abbreviated Donor History Questionnaires and Accompanying Materials for
Use in Screening Donors of Source Plasma'' dated July 2011. The draft
guidance document recognizes the standardized full-length and
abbreviated donor history questionnaires and accompanying materials,
version 1.0.1 dated December 2010, prepared by the PPTA, as an
acceptable mechanism that is consistent with FDA's requirements and
recommendations for collecting Source Plasma donor history information.
The SPDHQ documents will provide blood establishments that collect
Source Plasma with a specific process for administering questions to
Source Plasma donors to determine their eligibility to donate. The
guidance also advises Source Plasma manufacturers who choose to
implement the acceptable SPDHQ documents on how to report the
manufacturing change consisting of the implementation of the SPDHQ
under 21 CFR 601.12.
    The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent FDA's current thinking on this topic. It does
not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirement of the applicable statutes
and regulations.

II. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 601.12 have been approved under
OMB Control No. 0910-0338; 21 CFR 640.63 have been approved under OMB
Control No. 0910-0116.

III. Comments

    The draft guidance is being distributed for comment purposes only
and is not intended for implementation at this time. Interested persons
may submit to the Division of Dockets Management (see ADDRESSES) either
electronic or written comments regarding this document. It is only
necessary to send one set of comments. It is no longer necessary to
send two copies of mailed comments. Identify comments with the docket
number found in brackets in the heading of this document. Received
comments may be seen in the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: July 18 2011.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2011-18472 Filed 7-21-11; 8:45 am]
BILLING CODE 4160-01-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Friday, March 11, 2016 2:24 PM
To:
David Ailor<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
REVISED Enclosure 2, EPA Responses to Industry Comments, New testing facility Listing

David - Here is revised draft of Enclosure 2 that reflects comments made by industry and some of our own editorial changes.  Also a separate file that responds to some of the specific industry comments. Also a revised facility list.

Major changes are as follows:
1. While we cannot change the length of sampling as per the method requirements, but I have reduced the # of facilities testing so that it is 2+2+2, where the 2 Group B facilities is a change from the previous three (3). Other groups A&C were previously 2. See attached scheme. I had prescribed which facilities that need to do what for group B to keep one foundry in the pushing tests. The Quench Tower testing table has been updated to reflect this change but the requirements for just two facilities to do quench tower testing still stands. This 2+2+2 scheme is as low as we can go and still have some confidence that we assessing the risk accurately. We may need to do additional testing if others at EPA do not agree after the risk analysis is run, so need to give you all a heads up now.
2. We are requiring three "successful' runs since if we will not be getting the minimum of 7 runs for a normal data set, we need to at least make sure we get 6 total good runs that we can keep.
3. I gave revised the lists of pollutants in section 1.0 for specific semi-volatile and volatile HAP targeted by the methods. Because of complaints with previous methods for semi-volatiles, we have had to go to two methods instead of one. But the CARB tests are possibly as alternatives and these are both in the ERT.
4. I have added COMS as a method to determine opacity, where already performed as per the rule (Note COMS is not a pollutant therefore does not belong in section 1.0) _____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02) Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Final-Draft-V7-Coke ICR-Enclosure 2-DLJ-03-11-16.doc >>
<< meeting-notes-EPA responses-Coke-DLJones-03-11-16.docx >>
<< coke-2016-114-FACILITY-list-03-11-16.pdf >>


[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10418-10422]
[FR Doc No: 2017-02735]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79975; File No. SR-NYSEArca-2017-08]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca
Equities Rule 5.2(j)(6)(v) To Add the EURO STOXX 50 Volatility Futures
to the Definition of Futures Reference Asset

February 6, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 27, 2017, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory

organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 Equities Rule 5.2(j)(6)(v)
to add the EURO STOXX 50 Volatility (VSTOXX[supreg]) Futures (``VSTOXX
Futures'') to the definition of Futures Reference Asset. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Equities Rule 5.2(j)(6) provides for Exchange listing and
trading, including listing pursuant to Rule 19b-4(e) under the Act,\4\
of ``Index-Linked Securities'',\5\ and, in particular, Futures-Linked
Securities, which are Index-Linked Securities with a payment at
maturity based on the performance of a Futures Reference Asset.\6\ The
proposed rule change is based on recently approved amendments to Bats
BZX Exchange, Inc. (``BZX'') Rule 14.11(d) to add VSTOXX Futures to the
definition of Futures Reference Asset for purposes of listing Index-
Linked Securities on BZX.\7\
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    \4\ Rule 19b-4(e) under the Act provides that the listing and
trading of a new derivative securities product by a self-regulatory
organization (``SRO'') shall not be deemed a proposed rule change,
pursuant to section (c)(1) of Rule 19b-4, if the Commission has
approved, pursuant to Section 19(b) of the Act, the SRO's trading
rules, procedures, and listing standards for the product class and
the SRO has a surveillance program for the product class.
    \5\ As defined in NYSE Arca Equities Rule 5.2(j)(6), the term
``Index-Linked Securities'' includes Equity Index-Linked Securities,
Commodity-Linked Securities, Currency-Linked Securities, Fixed
Income Index-Linked Securities, Futures-Linked Securities and
Multifactor Index-Linked Securities.
    \6\ As defined in NYSE Arca Equities Rule 5.2(j)(6)(v),``Futures
Reference Asset'' includes ``an index of (a) futures on Treasury
Securities, GSE Securities, supranational debt and debt of a foreign
country or a subdivision thereof, or options or other derivatives on
any of the foregoing; or (b) interest rate futures or options or
derivatives on the foregoing in this subparagraph (b); or (c) CBOE
Volatility Index (VIX) Futures.''
    \7\ See Securities Exchange Act Release No. 79069 (October 7,
2016), 81 FR 70714 (October 13, 2016) (SR-BatsBZX-2016-26) (``BATS
Filing''). Additional information regarding the VSTOXX and VSTOXX
Futures is included in the BATS Filing.
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    The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(6)(v)
in order to add VSTOXX Futures to the definition of Futures Reference
Asset, which would allow the Exchange to list Futures-Linked Securities
linked to VSTOXX Futures through generic listing standards pursuant to
Rule 19b-4(e) under NYSE Arca Equities Rule 5.2(j)(6).\8\ Prior to
listing Futures-Linked Securities linked to VSTOXX Futures pursuant to
Rule 5.2(j)(6), an issuer would be required to represent to the
Exchange that it will advise the Exchange of any failure of the
Futures-Linked Securities to comply with the continued listing
requirements.
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    \8\ The Exchange also proposes to delete as duplicative the word
``or'' in two places in NYSE Arca Equities Rule 5.2(j)(6)(v).
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    NYSE Arca Equities Rule 5.2(j)(6)(B)(V) (``Futures-Linked
Securities Listing Standards'') requires that a Futures-Linked Security
meet one of the following standards: (1) That the Futures Reference
Asset to which the security is linked shall have been reviewed and
approved for the trading of Futures-Linked Securities or options or
other derivatives by the Commission under Section 19(b)(2) of the Act
and rules thereunder and the conditions set forth in the Commission's
approval order, including with respect to comprehensive surveillance
sharing agreements (``CSSAs''), continue to be satisfied; or (2) the
pricing information for components of a Futures Reference Asset must be
derived from a market which is a member or affiliate of a member of the
Intermarket Surveillance Group (``ISG'') or a market with which the
Exchange has a CSSA.\9\ A Futures Reference Asset may include
components representing not more than 10% of the dollar weight of such
Futures Reference Asset for which the pricing information is derived
from markets that do not meet requirement (2) above; provided, however,
that no single component subject to this exception exceeds 7% of the
dollar weight of the Futures Reference Asset. As proposed, adding
VSTOXX Futures to the definition of Futures Reference Asset would
satisfy the first criterion described above and the second criterion
would be satisfied by virtue of Eurex Deutschland's (``Eurex'')
membership in ISG, as further described below.
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    \9\ ISG is comprised of an international group of exchanges,
market centers, and market regulators that perform front-line market
surveillance in their respective jurisdictions. See https://www.isgportal.org/home.html.
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    Further, any Futures-Linked Securities linked to VSTOXX Futures
would also be required to meet both the initial and continued listing
standards in NYSE Arca Equities Rule 5.2(j)(6)(B)(V) or be subject to
delisting or removal proceedings, which include: (i) That the value of
the Futures Reference Asset be calculated and widely disseminated by
one or more major market data vendors on at least a 15-second basis
during the Exchange's Core Trading Session (normally, 9:30 a.m. to 4:00
p.m., Eastern Time); (ii) for Futures-Linked Securities that are
periodically redeemable, the indicative value of the subject Futures-
Linked Securities must be calculated and widely disseminated by the
Exchange or one or more major market data vendors on at least a 15-
second basis during the Exchange's Core Trading Session; (iii) the
aggregate market value or the principal amount of the Futures-Linked
Securities must be at least $400,000; (iv) the value of the Futures
Reference Asset is no longer calculated or available and a new Futures
Reference Asset is substituted, unless the new Futures Reference Asset
meets the requirements of Rule 5.2(j)(6); or (v) if such other event
occurs or condition exists which in the opinion of the Exchange makes
further dealings on the Exchange inadvisable. Any Futures-Linked
Securities linked to VSTOXX Futures would also be required to meet the
listing standards applicable to all Index-Linked Securities under NYSE
Arca Equities Rule 5.2(j)(6)(A). Finally, all Index-Linked Securities
listed pursuant to NYSE Arca Equities Rule 5.2(j)(6) are included
within the definition of ``security'' or ``securities'' as such terms
are used in the Exchange rules and, as such, are subject to Exchange
rules and procedures that currently govern the trading of securities on
the Exchange.
    The Exchange believes that the proposed standards would continue to
ensure transparency surrounding the listing process for Index-Linked
Securities. The Exchange also believes that the existing standards for
listing and trading Futures-Linked Securities are reasonably designed
to promote a fair and orderly market for such

Futures-Linked Securities and the addition of VSTOXX Futures to Futures
Reference Assets does not affect this. The proposed addition of VSTOXX
Futures to those instruments included in Futures Reference Assets would
also work in conjunction with the existing initial and continued
listing criteria related to surveillance procedures and trading
guidelines.
    The Exchange believes that its surveillance procedures are adequate
to continue to properly monitor the trading of Futures-Linked
Securities linked to VSTOXX Futures in all trading sessions and to
deter and detect violations of Exchange rules. The issuer of a series
of Index-Linked Securities is and will continue to be required to
comply with Rule 10A-3 under the Act \10\ for the initial and continued
listing of Index-Linked Securities, as provided in NYSE Arca Equities
Rule 5.2(j)(6)(A)(f). The Exchange notes that the proposed change is
not intended to amend any other component or requirement of NYSE Arca
Equities Rule 5.2(j)(6).
---------------------------------------------------------------------------

    \10\ 17 CFR 240.10A-3.
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    Additional information regarding the VSTOXX and VSTOXX Futures can
be found on the STOXX Limited (``STOXX'') Web site and the Eurex Web
site, respectively.\11\ The VSTOXX is based on EURO STOXX 50 Index
(``Index'') real-time option prices that are listed on the Eurex and
are designed to reflect the market expectations of near-term up to
long-term volatility by measuring the square root of the implied
variances across all options of a given time to expiration. The Index
includes 50 stocks that are among the largest free-float market
capitalization stocks from 12 Eurozone countries. VSTOXX Futures are
cash settled and trade between the hours of 7:30 a.m. and 10:30 p.m.
Central European Time (``CET'') (2:30 a.m. and 5:30 p.m. Eastern Time).
The VSTOXX Futures contract value is 100 Euros per index point of the
underlying and it is traded to two decimal places with a minimum price
change of 0.05 points (equivalent to a value of 5 Euros). The daily
settlement price is determined during the closing auction of the
respective futures contract. The last trading day and final settlement
day is 30 calendar days prior to the third Friday of the expiration
month of the underlying options, which is usually the Wednesday prior
to the second to last Friday of the respective maturity month.
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    \11\ Eurex is a member of the ISG and, as such, the Exchange may
obtain information regarding trading in the underlying VSTOXX
Futures contracts. For a list of the current members and affiliate
members of ISG, see www.isgportal.com.
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    STOXX will compute the Index on a real-time basis throughout each
trading day, from 8:50 a.m. until 5:30 CET (3:50 a.m. until 12:30 p.m.
Eastern Time. VSTOXX levels will be calculated by STOXX and
disseminated by major market data vendors on a real-time basis
throughout each trading day.
    The Exchange believes that the proposed amendment to add VSTOXX
Futures as an underlying Futures Reference Asset will provide investors
with the ability to better diversify and hedge their portfolios using
an exchange listed security without having to trade directly in the
underlying futures contracts, and will facilitate the listing and
trading of additional Futures-Linked Securities that will enhance
competition among market participants, to the benefit of investors and
the marketplace.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\13\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed amendment to add VSTOXX Futures as an underlying
Futures Reference Asset will provide investors with the ability to
better diversify and hedge their portfolios using an exchange-listed
security without having to trade directly in the underlying futures
contracts, and will facilitate the listing and trading of additional
Futures-Linked Securities that will enhance competition among market
participants, to the benefit of investors and the marketplace. As noted
above, the Exchange has in place surveillance procedures relating to
trading in Futures-Linked Securities and may obtain information
regarding both the Futures-Linked Securities and VSTOXX Futures via ISG
from other exchanges that are members of ISG or with which the Exchange
has entered into a CSSA. In addition, as noted above, investors will
have ready access to information on an intraday basis regarding: (i)
The value of the Futures Reference Asset, which will be calculated and
widely disseminated by one or more major market data vendors on at
least a 15-second basis during the Exchange's Core Trading Session;
(ii) for Futures-Linked Securities that are periodically redeemable,
the indicative value of the securities, which must be calculated and
widely disseminated by the Exchange or one or more major market data
vendors on at least a 15-second basis during the Exchange's Core
Trading Session; and (iii) information regarding market price and
trading of Futures-Linked Securities, which will be available on
brokers' computer screens and other electronic services, and quotation
and last sale information for the securities, which will be available
on the facilities of the Consolidated Tape Association. Further, any
Futures-Linked Securities linked to VSTOXX Futures would be required to
meet both the initial and continued listing standards under NYSE Arca
Equities Rule 5.2(j)(6)(B)(V) or be subject to delisting or removal
proceedings, which include: (i) That the value of the Futures Reference
Asset be calculated and widely disseminated by one or more major market
data vendors on at least a 15-second basis during the Exchange's Core
Trading Session; (ii) for Futures-Linked Securities that are
periodically redeemable, the indicative value of the securities must be
calculated and widely disseminated by the Exchange or one or more major
market data vendors on at least a 15-second basis during the Exchange's
Core Trading Session; (iii) the aggregate market value or the principal
amount of the Futures-Linked Securities must be at least $400,000; (iv)
the value of the Futures Reference Asset is no longer calculated or
available and a new Futures Reference Asset is substituted, unless the
new Futures Reference Asset meets the requirements of Rule 5.2(j)(6);
or (v) if such other event occurs or condition exists which in the
opinion of the Exchange makes further dealings on the Exchange
inadvisable. Any Futures-Linked Securities linked to VSTOXX Futures
would also be required to meet the listing standards applicable to all
Index-Linked Securities in Rule 5.2(j)(6). All Index-Linked Securities
listed pursuant to NYSE Arca Equities Rule 5.2(j)(6) are included
within the definition of ``security'' or ``securities'' as such terms
are used in the Exchange rules and, as such, are subject to Exchange
rules and procedures that

currently govern the trading of securities on the Exchange. Trading in
the securities may be halted under the conditions specified in NYSE
Arca Equities Rule 5.2(j)(6)(E).

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

    In accordance with Section 6(b)(8) of the Act,\14\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed rule
change would facilitate the listing and trading of additional types of
Futures-Linked Securities, which will enhance competition among market
participants, to the benefit of investors and the marketplace and
provide investors with the ability to better diversify and hedge their
portfolios using an exchange listed security without having to trade
directly in the underlying futures contracts. The Exchange believes
that this would reduce the time frame for bringing Futures-Linked
Securities linked to VSTOXX Futures to market, thereby reducing the
burdens on issuers and other market participants and promoting
competition. The proposed rule change would enhance competition among
listing exchanges because the proposed rule is based on an approved
listing standard on BZX.
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    \14\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange asserts that waiving the operative delay would be
consistent with the protection of investors and the public interest
because the Commission has already approved a substantially identical
proposed rule change submitted by another national securities exchange.
In addition, the Exchange asserts that a waiver would accommodate
listing and trading, including trading pursuant to unlisted trading
privileges, of an issue of Future-Linked Securities based on VSTOXX
Futures without additional delay, and would thereby promote intermarket
competition in listing and trading such securities, to the benefit of
the investing public.
    The Commission believes that waiving the operative delay with
respect to the proposed rule change is consistent with the protection
of investors and the public interest because the proposal does not
raise any regulatory issues that were not already addressed by the
Commission when approving a substantially identical proposal by another
national securities exchange.\19\ Accordingly, the Commission hereby
waives the 30-day operative delay and designates the proposal operative
upon filing.\20\
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    \19\ See note 7, supra.
    \20\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of this proposed rule
change, the Commission summarily may temporarily suspend the 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 will institute proceedings under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \21\ 15 U.S.C. 78s(b)(2)(B).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2017-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-08. 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-2017-08 and should be submitted on or before March 3, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-02735 Filed 2-9-17; 8:45 am]
BILLING CODE 8011-01-P