including, to the extent determined relevant by the Board, the factors
described in Sec.  225.181(d)(1) of this chapter.
    (2) Timing. The Board will seek to act on any request for an
extension under paragraph (b) of this section no later than 90 calendar
days after the receipt of a complete record with respect to such
request.
    (e) Authority to impose restrictions on activities or investments
during any extension period. The Board may impose conditions on any
extension approved under paragraph (b) of this section as the Board
determines are necessary or appropriate to protect the safety and
soundness of the nonbank financial company or the financial stability
of the United States, address material conflicts of interest or other
unsound practices, or otherwise further the purposes of section 13 of
the BHC Act (12 U.S.C. 1851) and this part.

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Chapter III

List of Subjects in 12 CFR Part 351

    Banks, banking, Capital, Compensation, Conflict of interests,
Credit, Derivatives, Government securities, Insurance, Insurance
companies, Investments, Penalties, Reporting and recordkeeping
requirements, Risk, Risk retention, Securities, State nonmember banks,
State savings associations, Trusts and trustees.

Authority and Issuance

    For the reasons set forth in the Supplementary Information, the
Federal Deposit Insurance Corporation proposes to add the text of the
common rule as set forth at the end of the Supplementary Information as
Part 351 to chapter III of Title 12, Code of Federal Regulations,
modified as follows:

PART 351--PROPRIETARY TRADING AND RELATIONSHIPS WITH COVERED FUNDS

    13. The authority citation for part 351 is added to read as
follows:

    Authority:  12 U.S.C. 1851; 12 U.S.C. 1801 et seq., and 3103 et
seq.

    14. Part 351 is added as set forth at the end of the Common
Preamble.
    15. Part 351 is amended by:
    a. Removing ``[Agency]'' wherever it appears and adding in its
place ``the FDIC''; and
    b. Removing ``[The Agency]'' wherever it appears and adding in its
place ``The FDIC''.
    16. Section 351.1 is added to read as follows:

Sec.  351.1  Authority, purpose, scope, and relationship to other
authorities.

    (a) Authority. This part is issued by the FDIC under section 13 of
the Bank Holding Company Act of 1956, as amended (12 U.S.C. 1851).
    (b) Purpose. Section 13 of the Bank Holding Company Act establishes
prohibitions and restrictions on proprietary trading and investments in
or relationships with covered funds by certain banking entities,
including any insured depository institution for which the FDIC is the
appropriate Federal banking agency. This part implements section 13 of
the Bank Holding Company Act by defining terms used in the statute and
related terms, establishing prohibitions and restrictions on
proprietary trading and investments in or relationships with covered
funds, and explaining the statute's requirements.
    (c) Scope. This part implements section 13 of the Bank Holding
Company Act with respect to any insured depository institution for
which the FDIC is the appropriate Federal banking agency. This part
takes effect on July 21, 2012.
    (d) Relationship to other authorities. Except as otherwise provided
in under section 13 of the Bank Holding Company Act, and
notwithstanding any other provision of law, the prohibitions and
restrictions under section 13 of Bank Holding Company Act shall apply
to the activities of a covered banking entity, even if such activities
are authorized for a covered banking entity under other applicable
provisions of law.
    17. Paragraph (j) of Sec.  351.2 is added to read as follows:

Sec.  351.2  Definitions.

* * * * *
    (j) Covered banking entity means any banking entity that is an
insured depository institution for which the FDIC is the appropriate
Federal banking agency, as that term is defined in section 3(q) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(q)).
* * * * *

SECURITIES AND EXCHANGE COMMISSION

List of Subjects in 17 CFR Part 255

    Banks, Brokers, Dealers, Investment advisers, Recordkeeping,
Reporting, Securities.

Authority and Issuance

    For the reasons set forth in the Supplementary Information, the
Securities and Exchange Commission proposes to add the text of the
common rule as set forth at the end of the Supplementary Information as
Part 255 to chapter II of Title 17, Code of Federal Regulations,
modified as follows:

PART 255--PROPRIETARY TRADING AND RELATIONSHIPS WITH COVERED FUNDS

    18. The authority for part 255 is added to read as follows:

    Authority:  12 U.S.C. 1851, 15 U.S.C. 78o(c)(3)(A), 78o-10(f),
(j), 78q(a), 78w.

    19. Part 255 is added as set forth at the end of the Common
Preamble.
    20. Part 255 is amended by:
    a. Removing ``[Agency]'' wherever it appears and adding in its
place ``SEC''; and
    b. Removing ``[The Agency]'' wherever it appears and adding in its
place ``The SEC.''
    21. Section 255.1 is added to read as follows:

Sec.  255.1  Authority, purpose, scope, and relationship to other
authorities.

    (a) Authority. This part \1\ is issued by the SEC under section 13
of the Bank Holding Company Act of 1956, as amended (12 U.S.C. 1851)
and sections 15(c)(3)(A), 15F(f), 15F(j), 17(a), and 23 of the
Securities Exchange Act of 1934 (15 U.S.C. 78o(c)(3)(A), 78o-10(f),
(j), 78q(a), 78w.).
---------------------------------------------------------------------------

    \1\ Code of Federal Regulations, title 17, chapter II, part 255.
---------------------------------------------------------------------------

    (b) Purpose. Section 13 of the Bank Holding Company Act establishes
prohibitions and restrictions on proprietary trading and investments in
or relationships with covered funds by certain banking entities,
including registered broker-dealers, registered investment advisers,
and registered security-based swap dealers, among others identified in
section 2(12)(B) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (12 U.S.C. 5301(12)(B)). This part implements
section 13 of the Bank Holding Company Act by defining terms used in
the statute and related terms, establishing prohibitions and
restrictions on proprietary trading and investments in or relationships
with covered funds, and explaining the statute's requirements.
    (c) Scope. This part implements section 13 of the Bank Holding
Company Act with respect to covered banking entities described in Sec.
255.2(j). This part takes effect on July 21, 2012.
    (d) Relationship to other authorities. Except as otherwise provided
in under section 13 of the BHC Act, and notwithstanding any other
provision of law, the prohibitions and restrictions under section 13 of
BHC Act shall apply to the activities of a covered banking entity, even
if such activities are authorized for a covered banking entity under
other applicable provisions of law.
    22. Paragraph (j) of Sec.  255.2 is added to read as follows:

Sec.  225.2  Definitions.

* * * * *
    (j) Covered banking entity means any entity described in paragraph
(e) of this section for which the SEC is the primary financial
regulatory agency, as defined in section 2(12)(B) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act of 2010 (12 U.S.C.
5301(12)(B)).
    23. Section 225.10(a) is revised to read as follows:

Sec.  255.10  Prohibition on acquiring or retaining an ownership
interest in and having certain relationships with a covered fund.

* * * * *
    (a)(1) General prohibition. Except as otherwise provided in this
subpart, a covered banking entity may not, as principal, directly or
indirectly, acquire or retain any ownership interest in or sponsor a
covered fund.
    (2) Registered investment advisers. A covered banking entity that
is a covered banking entity because it is an investment adviser
identified in section 2(12)(B)(iii) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act of 2010 shall comply with the
restrictions on covered fund activities or investments set forth in
subpart C and Sec.  ----.20 of subpart D issued by the agency
identified in section 3(q) of the Federal Deposit Insurance Act (12
U.S.C. 1813(q)) that regulates the banking entity described in Sec.
255.2 (e)(1), (2) or (3) with which the investment adviser is
affiliated.

    Note to paragraph (a):  Nothing set forth in paragraph (a)(2) of
this section shall limit the SEC's authority under any other
provision of law, including pursuant to section 13 of the Bank
Holding Company Act.

* * * * *

    Dated: October 7, 2011.
John Walsh,
Acting Comptroller of the Currency.

    By order of the Board of Governors of the Federal Reserve
System, October 11, 2011.
Jennifer J. Johnson,
Secretary of the Board.

    By order of the Board of Directors.

    Dated at Washington, DC, this 11th day of October, 2011.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.

    By the Securities and Exchange Commission.
    Dated: October 12, 2011.
Elizabeth M. Murphy,
Secretary.

[FR Doc. 2011-27184 Filed 11-4-11; 8:45 am]
BILLING CODE 6210-01-P; 8011-11-P; 4810-33-P; 6714-01-P


[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Page 66403]
[FR Doc No: 2019-26173]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12496-002]

Rugraw, LLC; Notice of Teleconference

    a. Project Name and Number: Lassen Lodge Hydroelectric Project No.
12496.
    b. Date and Time of Meeting: December 12, 2019; 1:00 p.m.-2:00 p.m.
Eastern Time.
    c. FERC Contact: Kenneth Hogan<EMAIL_ADDRESS>    d. Purpose of Meeting: To discuss Commission staff's November 14,
2019 letter (Accession number: 20191114-3054), and the information
needed to inform the Commission's dam safety review process.
    e. All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to attend; however, participation will
be limited between the Commission's staff, Rugraw, LLC and its
representatives. Please email the FERC contact noted above by December
10, 2019, to receive specific instructions on how to attend.

    Dated: November 26, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-26173 Filed 12-3-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Notices]
[Page 59002]
[FR Doc No: 2012-23597]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4071-DR; Docket ID FEMA-2011-0001]

West Virginia; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of West Virginia (FEMA-4071-DR), dated July 23, 2012, and
related determinations.

DATES: Effective Date: September 19, 2012.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of West Virginia is hereby amended to include the
Individual Assistance program for the following areas among those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of July 23, 2012.

Fayette, Kanawha, Nicholas, and Raleigh Counties for Individual
Assistance (already designated for Public Assistance).

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-23597 Filed 9-24-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Notices]
[Page 69149-69151]
[DOCID:fr14no05-48]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order Revoking Market-Based Rate Authority, Establishing Hearing
and Settlement Judge Procedures, and Terminating Section 206 Proceeding

Issued November 3, 2005.
Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead
Brownell, and Suedeen G. Kelly.

    In the matter of: ER98-3809-000, ER97-2867-000, ER98-4685-000,
ER00-105-000, ER97-512-000, ER00-861-000, ER97-2132-000, ER01-2355-
000, ER00-679-000, ER98-701-000, ER01-1701-000, ER00-2945-000, ER01-
2138-000, ER90-225-000, ER99-964-000, ER97-1968-000, ER05-737-000,
ER98-1790-000, ER96-2624-000, ER01-2071-000, ER94-1161-000, ER94-
1099-000, ER99-3098-000, ER98-2020-000, ER98-2918-000, ER96-358-000,
ER01-2221-000, ER96-138-000, ER99-254-000, ER98-3233-000, ER01-666-
000, ER97-382-000, ER96-918-000, ER00-1258-000, ER97-3580-000, ER02-
687-000, ER96-1933-000, ER01-1078-000, ER01-2405-000, ER98-4334-000,
ER01-3023-000, ER01-2129-000, ER96-1819-000, ER95-802-000, ER98-
3478-000, ER00-1519-000, ER01-688-000, ER00-2306-000, ER95-784-000,
ER95-295-000, ER95-232-000, ER03-1259-000, ER94-1672-000, ER02-30-
000, ER01-1507-000, ER00-1781-000, ER99-801-000, ER99-1156-000,
ER95-78-000, ER01-2509-000, ER02-1238-000, ER94-1593-000, ER95-192-
000, ER01-352-000, ER98-2618-000, ER99-2537-000, ER97-2681-000,
ER96-2892-000, ER98-1915-000, ER94-152-000, ER97-1716-000, ER01-904-
000, ER98-622-000, ER02-41-000, ER98-3048-000, ER98-1125-000, ER01-
1479-000, ER02-845-000, ER97-181-000, ER99-2883-000, ER95-379-000,
ER03-372-000, ER01-1821-000, ER99-3275-000, ER96-2303-000, ER97-
3187-000, ER96-1-000, ER01-2463-000, ER95-968-000, ER99-1876-000,
ER96-404-018 ER02-809-000, ER96-1516-000, ER01-2217-002 ER96-2524-
000, ER01-2694-000, ER01-373-002, ER00-494-000, ER98-1055-000, ER01-
3148-000, ER01-2234-000, ER04-957-000, ER96-105-000, ER01-1709-000,
ER02-1046-000, ER98-537-000, EL05-111-000; 3E Technologies, Inc., AC
Power Corporation, ACN Power, Inc., AI Energy, Inc., A'Lones Group,
Inc., Alrus Consulting, LLC, Atlantic Energy Technologies, I Inc.,
Beacon Generating, LLC, Black River Power, LLC, California Polar
Power Broker, L.L.C., Callaway Golf Company, Candela Energy
Corporation, Capital Energy, Inc., Chicago Electric Trading, L.L.C.,
Cielo Power Market, L.P., Colonial Energy, Inc., Commerce Energy
Inc., Competisys LLC, Cumberland Power, Inc., Desert Power, L.P.,
Direct Electric Inc., Eclipse Energy, Inc., EGC 1999 Holding
Company, L.P., Energy Clearinghouse Corp., Energy PM, Inc., Energy
Resource Management Corp., Energy Transfer-Hanover Ventures, LP,
EnergyOnline, Inc., ENMAR Corporation, Environmental Resources
Trust, Inc., EWO Marketing, L.P., Exact Power Co., Inc., Federal
Energy Sales, Inc., First Electric Cooperative Corporation, First
Power, LLC, FMF Energy, Inc., Gelber Group, Inc., George Colliers,
Inc., GNA Energy, LLC, Golden Valley Power Company, Hinson Power
Company, LLC, Holt Company of Ohio, ICC Energy Corporation, IEP
Power Marketing, LLC, INFINERGY Services, LLC, InPower Marketing
Corporation, IPP Energy LLC, It's Electric &Gas, L.L.C., J. Anthony
& Associates Ltd, Kaztex Energy Ventures, Inc., Kimball Power
Company, Kloco Corporation, Lambda Energy Marketing Company,
Longhorn Power, LP, Lumberton Power, LLC, Marquette Energy, LLC,
Metro Energy Group, LLC, Michigan Gas Exchange, L.L.C., Mid-American
Resources, Inc., Morrow Power, LLC, MPC Generating, LLC, National
Power Exchange Corp., National Power Management Company, Natural Gas
Trading Corporation, Nautilus Energy Company, Navitas, Inc., New
Millennium Energy Corp., NGTS Energy Services, Nine Energy Services,
LLC, North American Energy Conservation, Inc., North Atlantic
Utilities Inc., North Carolina Power Holdings, LLC, North Star Power
Marketing, LLC, North Western Energy Marketing, LLC, Northeast
Electricity Inc., Northeast Empire L.P. 2, Northwest
Regional Power, LLC, Northwestern Wind Power, LLC, Oceanside Energy,
Inc., Old Mill Power Company, Peak Energy, Inc., Peak Power
Generating Company, Power Dynamics, Inc., Power Management Co., LLC,
Power Providers Inc., Power Systems Group, Inc., Powertec
International, LLC, Pro-Energy Development LLC, Progas Power Inc.,
PS Energy Group, Inc., Questar Energy Trading Company, Renewable
Energy Resources LLC, SEMCOR Energy, Sunrise Power Company, Symmetry
Device Research, Inc., The Energy Group of America, Inc., Tiger
Natural Gas, Inc., TransAlta Centralia Generation LLC, TransAlta
Energy Marketing (US) Inc., TransAlta Energy Marketing Corp. (US),
Travis Energy & Environment, Inc., TXU Electric Delivery Company,
U.S. Power & Light, Inc., VIASYN, Inc., Walton County Power, LLC,
Western Energy Marketers, Inc.

    1. In this order, the Commission revokes the market-based rate
authority of the companies that failed to comply with the Commission's
May 31, 2005 Order \1\ and the conditions under which the Commission
granted them market-based rate authority. In addition, the Commission
will revoke the market-based rate authority of two entities who
responded to the May 31 Order, but did so in a patently deficient
manner. The market-based rate tariffs of these entities are terminated
effective on the date of issuance of this order. Furthermore, we will
direct these entities to inform the Commission whether they have made
any sales pursuant to their market-based rate tariffs after the refund
effective date established in this proceeding, and, for those entities
that have made such sales or that fail to respond, we will establish
hearing and settlement judge procedures to determine whether and in
what amount these entities should be required to disgorge their profits
from these sales. In addition, this order accepts filings notifying the
Commission that certain entities were inadvertently included in the May
31 Order.\2\
---------------------------------------------------------------------------

    \1\ 3E Technologies, Inc., 111 FERC ] 61,295 (2005) (May 31
Order).
    \2\ The Commission has also received a number of updated and
revised market power analyses in response to the May 31 Order, which
will be addressed in a separate order.
---------------------------------------------------------------------------

Background

    2. As a condition of receiving market-based rate authority, the
Commission requires market-based rate sellers to submit an updated
market power analysis every three years \3\ to allow the Commission to
evaluate the reasonableness of their charges and to provide for ongoing
monitoring of their ability to exercise market power. In the absence of
an updated market power analysis, the Commission cannot exercise its
statutory duty to ensure that market-based rates are just and
reasonable and that market-based rate sellers continue to lack the
potential to exercise market power so that market forces are in fact
determining the price.
---------------------------------------------------------------------------

    \3\ See, e.g., Western Resources, Inc., 94 FERC ] 61,050 at
61,247 (2001); Entergy Services, Inc., 58 FERC ] 61,234 at 61,760
(1992); PSI Energy, Inc., 51 FERC ] 61,367 at 62,209 (1990).
---------------------------------------------------------------------------

    3. In the May 31 Order, the Commission announced its policy with
respect to entities that have failed to comply with the conditions
under which the Commission granted them market-based rate authority,
namely, the requirement to submit an updated or revised market power
analysis. In that order, the Commission directed these market-based
rate sellers to file their updated or revised market analyses within 60
days from the issuance of that order or to provide satisfactory support
for why they should not be required to do so. The Commission also
established a refund effective date under section 206 of the Federal
Power Act (FPA) for the protection of customers.\4\
---------------------------------------------------------------------------

    \4\ 16 U.S.C. 824e (2000).
---------------------------------------------------------------------------

    4. On June 8, 2005, in response to the May 31 Order, Questar Energy
Trading Company (Questar) filed only a statement that there has been no
change in the facts relied upon by the Commission when it initially
granted Questar market-base rate authority.
    5. On June 28, 2005, in response to the May 31 Order, Tiger Natural
Gas, Inc. (Tiger) refiled its initial application for market-based
rates, which it originally filed November 6, 2000.

Discussion

Revocation of Market-Based Rate Authority and Termination of Market-
Based Rate Tariffs

    6. The entities listed in Appendix A of this order have made no
filing in response to the Commission's May 31 Order. In the May 31
Order, we stated that we would revoke the market-based rate authority
and terminate the market-based rate tariff of any market-based rate
seller that failed to file the required updated or revised market power
analysis. Accordingly, we hereby revoke the market-based rate authority
of the entities identified in Appendix A of this order and terminate
their market-based rate tariffs, effective on the date of issuance of
this order.
    7. We find that the filings submitted by Questar and Tiger do not
satisfy the Commission's directive in the May 31 Order. We note that
Questar did not submit any market power analysis whatsoever and instead
states that there have been no changes since its market-based rate
tariff was accepted on January 29, 1996. Tiger simply refiled the same
initial application for market-based rate authorization that it
submitted five years ago. The Commission requires that an updated
market power analysis contain current information. The submissions of
Questar and Tiger are patently deficient and thus fail to comply with
the clear directive in the May 31 Order. Accordingly, we revoke
Questar's and Tiger's market-based rate authority and terminate their
market-based rate tariffs, effective on the date of issuance of this
order.
    8. Furthermore, any waivers and authorizations previously granted
in connection with the market-based rate authority of the entities
listed in Appendix A, Questar, and Tiger are no longer applicable.

Disgorgement of Profits

    9. As discussed above, the May 31 Order established a refund
effective date in this proceeding. If any of the entities listed in
Appendix A, Questar, or Tiger made sales pursuant to their market-based
rate tariffs after the refund effective date established in this
proceeding, they may be required to disgorge their profits from those
sales. Accordingly, we direct the entities listed in Appendix A,
Questar, and Tiger to inform the Commission within five days of the
issuance of this order whether they have made such sales at market-
based rates during this period. For the entities that inform the
Commission that they have not made any such sales during this period,
the Commission will terminate the section 206 proceeding with respect
to them and will not impose the remedy of disgorgement.
    10. For any entities that inform the Commission that they have made
such sales or that fail to respond, we will establish hearing and
settlement judge procedures to determine whether and in what amount
these entities should be required to disgorge their profits from these
sales. These entities have failed to comply with the conditions of
their market-based rate authorizations, namely, the obligation to file
an updated market power analysis when requested to do so by the
Commission. Their failure to comply with this express obligation
impeded the Commission's ability to ensure that utilities do not
acquire market power and that rates remain just and reasonable. Under
these circumstances, we find that disgorgement of the profits earned on
transactions during this period is justified.
    11. While we are setting these matters for a trial-type evidentiary
hearing, we encourage the parties to make every effort to settle their
dispute before hearing procedures are commenced. To aid the parties in
their settlement efforts, we will hold the hearing in abeyance and
direct that a settlement judge be appointed, pursuant to Rule 603 of
the Commission's Rules of Practice and Procedure.\5\ If the parties
desire, they may, by mutual agreement, request a specific judge as the
settlement judge in the proceeding; otherwise, the Chief Judge will
select a judge for this purpose.\6\ The settlement judge shall report
to the Chief Judge and the Commission within 60 days of the date of
this order concerning the status of settlement discussions. Based on
this report, the Chief Judge shall provide the parties with additional
time to continue their settlement discussions or provide for
commencement of a hearing by assigning the case to a presiding judge.
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    \5\ 18 CFR 385.603 (2005).
    \6\ If the parties decide to request a specific judge, they must
make their joint request to the Chief Judge by telephone at (202)
502-8500 within five days of this order. The Commission's Web site
contains a list of Commission judges and a summary of their
background and experience (http://www.ferc.gov_click on Office of

Administrative Law Judges).
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Entities Inadvertently Included in May 31 Order

    12. The inclusion in the May 31 Order of the entities listed in
Appendix B of this order was inadvertent, and we hereby terminate the
section 206 proceeding with regard to them.
    The Commission orders:
    (A) The market-based rate authority of the entities listed in
Appendix A, Questar, and Tiger is hereby revoked. The market-based rate
tariffs of those entities are terminated effective on the date of
issuance of this order and any waivers and authorizations previously
granted in connection with the market-based rate authority of these
entities are no longer applicable.
    (B) The entities listed in Appendix A, Questar, and Tiger are
directed to inform the Commission within five days of the issuance of
this order whether they have made any sales pursuant to their market-
based rate tariffs after the refund effective date established in this
proceeding, as discussed above.
    (C) Pursuant to the authority contained in and subject to the
jurisdiction conferred upon the Federal Energy Regulatory Commission by
section 402(a) of the Department of Energy Organization Act and by the
Federal Power Act, particularly sections 205 and 206 thereof, and
pursuant to the Commission's Rules of Practice and Procedure and the
regulations under the Federal Power Act (18 CFR, Chapter I), a public
hearing shall be held in Docket No. EL05-111 to determine whether and
in what amount the entities listed in Appendix A, Questar, and Tiger
should be required to disgorge any profits from sales made pursuant to
their market-based rate tariffs after the refund effective date
established in this proceeding, as discussed in the body of this order.
However, the hearing shall be held in abeyance to provide time for
settlement judge procedures, as discussed in Paragraphs (D) and (E)
below.
    (D) Pursuant to Rule 603 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.603 (2005), the Chief Administrative Law Judge is
hereby directed to appoint a settlement judge in this proceeding within
fifteen (15) days of the date of this order. Such settlement judge
shall have all powers and duties enumerated in Rule 603 and shall
convene a settlement conference as soon as practicable after the Chief
Judge designates the settlement judge. If the parties decide to request
a specific judge, they must make their request to the Chief Judge
within five (5) days of the date of this order.
    (E) Within sixty (60) days of the date of this order, the
settlement judge shall file a report with the Commission and the Chief
Judge on the status of the settlement discussions. Based on this
report, the Chief Judge shall provide the parties with additional time
to continue their settlement discussions, if appropriate, or assign
this case to a presiding judge for a trial-type

evidentiary hearing, if appropriate. If settlement discussions
continue, the settlement judge shall file a report at least every sixty
(60) days thereafter, informing the Commission and the Chief Judge of
the parties' progress toward settlement.
    (F) If settlement judge procedures fail and a trial-type
evidentiary hearing is to be held, a presiding judge, to be designated
by the Chief Judge, shall, within fifteen (15) days of the date of the
presiding judge's designation, convene a prehearing conference in these
proceedings in a hearing room of the Commission, 888 First Street, NE.,
Washington, DC 20426. Such a conference shall be held for the purpose
of establishing a procedural schedule. The presiding judge is
authorized to establish procedural dates and to rule on all motions
(except motions to dismiss) as provided in the Commission's Rules of
Practice and Procedure.
    (G) The section 206 proceeding instituted in Docket No. EL05-111-
000 is hereby terminated with regard to the entities listed in Appendix
B of this order.
    (H) The Secretary is directed to publish a copy of this order in
the Federal Register.

    By the Commission.
Magalie R. Salas,
Secretary.

Appendix A

    The following market-based rate sellers have failed to submit a
response to the Commission's May 31 Order. As discussed above, we
revoke the following entities' authority to sell power at market-based
rates and terminate their electric market-based rate tariffs: 3E
Technologies, Inc., AC Power Corporation, ACN Power, Inc., AI Energy,
Inc., A'Lones Group, Inc., Alrus Consulting, LLC, Astra Power, LLC,
Atlantic Energy Technologies, Inc., Beacon Generating, LLC, Black River
Power, LLC, California Polar Power Broker, L.L.C., Callaway Golf
Company, Candela Energy Corporation, Capital Energy, Inc., Chicago
Electric Trading, L.L.C., Cielo Power Market, L.P., Colonial Energy,
Inc., Competisys LLC, Cumberland Power, Inc., Direct Electric Inc.,
Eclipse Energy, Inc., EGC 1999 Holding Company, L.P., Energy
Clearinghouse Corp., Energy PM, Inc., Energy Resource Management Corp.,
Energy Transfer-Hanover Ventures, LP, EnergyOnline, Inc., ENMAR
Corporation, Environmental Resources Trust, Inc., Exact Power Co.,
Inc., Federal Energy Sales, Inc., First Electric Cooperative
Corporation, First Power, LLC, FMF Energy, Inc., Gelber Group, Inc.,
George Colliers, Inc., GNA Energy, LLC, Golden Valley Power Company,
Hinson Power Company, LLC, Holt Company of Ohio, ICC Energy
Corporation, IEP Power Marketing, LLC, INFINERGY Services, LLC, InPower
Marketing Corporation, IPP Energy LLC, It's Electric & Gas, L.L.C., J.
Anthony & Associates Ltd, Kaztex Energy Ventures, Inc., Kimball Power
Company, Kloco Corporation, Lambda Energy Marketing Company, Longhorn
Power, LP, Lumberton Power, LLC, Marquette Energy, LLC, Metro Energy
Group, LLC, Michigan Gas Exchange, L.L.C., Mid-American Resources,
Inc., Morrow Power, LLC, National Power Exchange Corp., National Power
Management Company, Natural Gas Trading Corporation, Nautilus Energy
Company, Navitas, Inc., New Millennium Energy Corp., NGTS Energy
Services, Nine Energy Services, LLC, North American Energy
Conservation, Inc., North Atlantic Utilities Inc., North Carolina Power
Holdings, LLC, North Star Power Marketing, LLC, Northeast Electricity
Inc., Northeast Empire L.P. 2, Northwest Regional Power, LLC,
Northwestern Wind Power, LLC, Oceanside Energy, Inc., Old Mill Power
Company, Peak Energy, Inc., Peak Power Generating Company, Power
Dynamics, Inc., Power Management Co., LLC, Power Providers Inc., Power
Systems Group, Inc., Powertec International, LLC, Pro-Energy
Development LLC, Progas Power Inc., PS Energy Group, Inc., Renewable
Energy Resources LLC, SEMCOR Energy, Symmetry Device Research, Inc.,
The Energy Group of America, Inc., Travis Energy & Environment, Inc.,
U.S. Power & Light, Inc., VIASYN, Inc., and Western Energy Marketers,
Inc.

Appendix B

    The following market-based rate sellers were inadvertently included
on the May 31 Order. We therefore terminate the section 206 proceeding
instituted in Docket No. EL05-111-000 with regard to these entities:
Commerce Energy, Inc., Desert Power, L.P., EWO Marketing, L.P., MPC
Generating, LLC, NorthWestern Energy Marketing, L.L.C., Sunrise Power
Company, LLC, TransAlta Centralia Generation LLC, TransAlta Energy
Marketing (US) Inc., TransAlta Energy Marketing Corp. (US), TXU
Electric Delivery Company, and Walton County Power, LLC.

 [FR Doc. E5-6241 Filed 11-10-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43098-43099]
[FR Doc No: 2022-15314]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-808, OMB Control No. 3235-0762]

Proposed Collection; Comment Request; Extension: Rule 15l-1

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 15l-1 (17 CFR 240.15l-
1), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 15l-1 established a standard of conduct for broker-dealers and
natural persons who are associated persons of a broker-dealer
(together, ``broker-dealers'') when making a recommendation of any
securities transaction or investment strategy involving securities to a
retail customer (``Regulation Best Interest''). Regulation Best
Interest requires broker-dealers, when making a recommendation of any
securities transaction or investment strategy involving securities to a
retail customer, to act in the best interest of the retail customer at
the time the recommendation is made, without placing the financial or
other interest of the broker-dealer or natural person who is an
associated person making the recommendation ahead of the interest of
the retail customer.
    The information that must be collected pursuant to Regulation Best
Interest is intended to: (1) improve disclosure about the scope and
terms of the broker-dealer's relationship with the retail customer,
which would foster retail customers' understanding of their
relationship with a broker-dealer; (2) enhance the quality of
recommendations provided by establishing an express best interest
obligation under the federal securities laws; (3) enhance the
disclosure of a broker-dealer's conflicts of interest; and (4)
establish obligations that require mitigation, and not just disclosure,
of conflicts of interest arising from financial incentives associated
with broker-dealer recommendations. The information will therefore help
establish a framework that protects investors and

promotes efficiency, competition, and capital formation.
    There are approximately 2,683 respondents that must comply with
Rule 15l-1. The aggregate annual burden for all respondents is
estimated to be 2,568,434 hours, or 957 hours per respondent (2,568,434
hours/2,683 respondents). Under Rule 15l-1, respondents will also incur
cost burdens. The aggregate annual cost burden for all respondents is
estimated to be $12,085,860, or $4,505 per respondent ($12,085,860/
2,681 respondents).
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information will
have practical utility; (b) the accuracy of the Commission's estimate
of the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing by September
19, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: July 13, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15314 Filed 7-18-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Notices]
[Pages 30109-30110]
[FR Doc No: 2019-13556]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0643; FRL-9995-45-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Pressure Sensitive Tape and Label
Surface Coating Operations (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Pressure Sensitive Tape
and Label Surface Coating Operations (EPA ICR Number 0658.13, OMB
Control Number 2060-0004), to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through August 31, 2019. Public comments were previously requested, via
the Federal Register, on May 30, 2018 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may neither conduct nor
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before July 26, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0643, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Pressure
Sensitive Tape and Label Surface Coating Operations (40 CFR part 60
subpart RR) were proposed on December 30, 1980, and promulgated on
October 18, 1983, and amended on October 17, 2000. These regulations
apply to existing facilities and new facilities with coating lines used
in the manufacture of pressure sensitive tape and label materials.
Existing facilities and new facilities are both subject to these
regulations, except those facilities that input 45 mega grams (Mgs) of
volatile organic compounds (VOC) or less per 12-month period. New
facilities include those that commenced construction, modification or
reconstruction after the date of proposal. This information is being
collected to assure compliance with 40 CFR part 60, subpart RR.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/

operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance, and are required of all affected facilities subject to
NSPS.
    Form Numbers: None.
    Respondents/affected entities: Coating lines used in the
manufacture of pressure sensitive tape and label materials.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart RR).
    Estimated number of respondents: 45 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 4,250 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $572,000 (per year), which includes $88,000
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the estimates: There is an adjustment increase in the
total estimated burden as currently identified in the OMB Inventory of
Approved Burden; this increase is not due to any program changes. This
increase is due to an increase in the number of respondents based on
the assumption that one new respondent per year will be subject to the
standard. There is also an adjustment increase in the operating and
maintenance costs due to the increase in the number of respondents.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-13556 Filed 6-25-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Page 9028]
[FR Doc No: 2011-3462]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0520]

Guidance for Industry: Potency Tests for Cellular and Gene
Therapy Products; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a document entitled ``Guidance for Industry: Potency
Tests for Cellular and Gene Therapy Products'' dated January 2011. The
guidance document provides manufacturers of cellular and gene therapy
(CGT) products with recommendations for developing tests to measure
potency. The recommendations are intended to clarify the potency
information that could support an investigational new drug application
(IND) or a biologics license application (BLA). The guidance announced
in this notice finalizes the draft guidance of the same title dated
October 2008.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the 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 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 guidance document.
    Submit electronic comments on the 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 document entitled
``Guidance for Industry: Potency Tests for Cellular and Gene Therapy
Products'' dated January 2011. The guidance document provides
manufacturers of cellular and gene therapy products with
recommendations for developing tests to measure potency. The
recommendations are intended to clarify the potency information needed
to support an IND or a BLA. Because potency measurements are designed
specifically for a particular product, the guidance does not make
recommendations regarding specific types of potency assays, nor does it
propose acceptance criteria for product release.
    In the Federal Register of October 9, 2008 (73 FR 59635), FDA
announced the availability of the draft guidance of the same title. FDA
received several comments on the draft guidance and those comments were
considered as the guidance was finalized. A summary of changes includes
the addition of text related to adjuvant testing and modification of
assay parameters for validation studies. In addition, editorial and
formatting changes were made to improve clarity. The guidance announced
in this notice finalizes the draft guidance dated October 2008.
    The guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents 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
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This 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 part 211 has been approved under
0910-0139; the collections of information in 21 CFR part 312 has been
approved under 0910-0014; the collections of information in 21 CFR part
601 has been approved under 0910-0338.

III. Comments

    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 guidance at
either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: February 10, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-3462 Filed 2-15-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35683-35687]
[FR Doc No: 2012-14483]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0559]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Public Health Service Guideline on Infectious Disease
Issues in Xenotransplantation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to
this notice. This notice solicits comments on the collection of
information contained in the Public Health Service (PHS) guideline
entitled ``PHS Guideline on Infectious Disease Issues in
Xenotransplantation,'' dated January 19, 2001.

DATES: Submit either electronic or written comments on the collection
of information by August 13, 2012.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., Rockville,
MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on: (1) Whether the proposed collection of information
is necessary for the proper performance of FDA's functions, including
whether the information will have practical utility; (2) the accuracy
of FDA's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.

PHS Guideline on Infectious Disease Issues in Xenotransplantation--(OMB
Control Number 0910-0456)--Extension

    The statutory authority to collect this information is provided
under sections 351 and 361 of the PHS Act (42 U.S.C. 262 and 264) and
the provisions of the Federal Food, Drug, and Cosmetic Act that apply
to drugs (21 U.S.C. 301 et seq.). The PHS guideline recommends
procedures to diminish the risk of transmission of infectious agents to
the xenotransplantation product recipient and to the general public.
The PHS guideline is intended to address public health issues raised by
xenotransplantation, through identification of general principles of
prevention and control of infectious diseases associated with
xenotransplantation that may pose a hazard to the public health. The
collection of information described in this guideline is intended to
provide general guidance on the following topics: (1) The development
of xenotransplantation clinical protocols, (2) the preparation of
submissions to FDA, and (3) the conduct of xenotransplantation clinical
trials. Also, the collection of information will help ensure that the
sponsor maintains important information in a cross-referenced system
that links the relevant records of the xenotransplantation product
recipient, xenotransplantation product, source animal(s), animal
procurement center, and significant nosocomial exposures. The PHS
guideline describes an occupational health service program for the
protection of health care workers involved in xenotransplantation
procedures, caring for xenotransplantation product recipients, and
performing associated laboratory testing. The PHS guideline is intended
to protect the public health and to help ensure the safety of using
xenotransplantation products in humans by preventing the introduction,
transmission, and spread of infectious diseases associated with
xenotransplantation.
    The PHS guideline also recommends that certain specimens and
records be maintained for 50 years beyond the date of the
xenotransplantation. These include: (1) Records linking each
xenotransplantation product recipient with relevant health records of
the source animal, herd or colony, and the specific organ, tissue, or
cell type included in or used in the manufacture of the product
(<IP_ADDRESS>); (2) aliquots of serum samples from randomly selected animal
and specific disease investigations (<IP_ADDRESS>); (3) source animal
biological specimens designated for PHS use (3.7.1), animal health
records (3.7.2), including necropsy results (3.6.4); and (4)
recipients' biological specimens (4.1.2). The retention period is
intended to assist health care practitioners and officials in
surveillance and in tracking the source of an infection, disease, or
illness that might emerge in the recipient, the source animal, or the
animal herd or colony after a xenotransplantation.
    The recommendation for maintaining records for 50 years is based on
clinical experience with several human viruses that have presented
problems in human to human transplantation and are therefore thought to
share certain characteristics with viruses that may pose potential
risks in xenotransplantation. These

characteristics include long latency periods and the ability to
establish persistent infections. Several also share the possibility of
transmission among individuals through intimate contact with human body
fluids. Human immunodeficiency virus (HIV) and human T-lymphotropic
virus are human retroviruses. Retroviruses contain ribonucleic acid
that is reverse-transcribed into deoxyribonucleic acid (DNA) using an
enzyme provided by the virus and the human cell machinery. That viral
DNA can then be integrated into the human cellular DNA. Both viruses
establish persistent infections and have long latency periods before
the onset of disease, 10 years, and 40 to 60 years, respectively. The
human hepatitis viruses are not retroviruses, but several share with
HIV the characteristic that they can be transmitted through body
fluids, can establish persistent infections, and have long latency
periods, e.g., approximately 30 years for hepatitis C.
    In addition, the PHS guideline recommends that a record system be
developed that allows easy, accurate, and rapid linkage of information
among the specimen archive, the recipient's medical records, and the
records of the source animal for 50 years. The development of such a
record system is a one-time burden. Such a system is intended to cross-
reference and locate relevant records of recipients, products, source
animals, animal procurement centers, and nosocomial exposures.
    Respondents to this collection of information are the sponsors of
clinical studies of investigational xenotransplantation products under
investigational new drug applications (INDs) and xenotransplantation
product procurement centers, referred to as source animal facilities.
There are an estimated 2 respondents who are sponsors of INDs that
include protocols for xenotransplantation in humans. Other respondents
for this collection of information are an estimated four source animal
facilities, which provide source xenotransplantation product material
to sponsors for use in human xenotransplantation procedures. These four
source animal facilities keep medical records of the herds/colonies as
well as the medical records of the individual source animal(s). The
total annual reporting and recordkeeping burden is estimated to be
approximately 45 hours. The burden estimates are based on FDA's records
of xenotransplantation-related INDs and estimates of time required to
complete the various reporting, recordkeeping, and third-party
disclosure tasks described in the PHS guideline.
    FDA is requesting an extension of OMB approval for the following
reporting, recordkeeping, and third-party disclosure recommendations in
the PHS guideline:

                   Table 1--Reporting Recommendations
------------------------------------------------------------------------
  PHS guideline section                     Description
------------------------------------------------------------------------
<IP_ADDRESS>..................  Notify sponsor or FDA of new archive site
                            when the source animal facility or sponsor
                            ceases operations.
------------------------------------------------------------------------

                 Table 2--Recordkeeping Recommendations
------------------------------------------------------------------------
  PHS guideline section                     Description
------------------------------------------------------------------------
3.2.7....................  Establish records linking each
                            xenotransplantation product recipient with
                            relevant records.
4.3......................  Sponsor to maintain cross-referenced system
                            that links all relevant records (recipient,
                            product, source animal, animal procurement
                            center, and nosocomial exposures).
3.4.2....................  Document results of monitoring program used
                            to detect introduction of infectious agents
                            which may not be apparent clinically.
<IP_ADDRESS>..................  Document full necropsy investigations
                            including evaluation for infectious
                            etiologies.
3.5.1....................  Justify shortening a source animal's
                            quarantine period of 3 weeks prior to
                            xenotransplantation product procurement.
3.5.2....................  Document absence of infectious agent in
                            xenotransplantation product if its presence
                            elsewhere in source animal does not preclude
                            using it.
3.5.4....................  Add summary of individual source animal
                            record to permanent medical record of the
                            xenotransplantation product recipient.
3.6.4....................  Document complete necropsy results on source
                            animals (50-year record retention).
3.7......................  Link xenotransplantation product recipients
                            to individual source animal records and
                            archived biologic specimens.
<IP_ADDRESS>..................  Record base-line sera of xenotransplantation
                            health care workers and specific nosocomial
                            exposure.
<IP_ADDRESS> and 4.3.2........  Keep a log of health care workers'
                            significant nosocomial exposure(s).
4.3.1....................  Document each xenotransplant procedure.
5.2......................  Document location and nature of archived PHS
                            specimens in health care records of
                            xenotransplantation product recipient and
                            source animal.
------------------------------------------------------------------------

                   Table 3--Disclosure Recommendations
------------------------------------------------------------------------
  PHS guideline section                     Description
------------------------------------------------------------------------
<IP_ADDRESS>..................  Notify sponsor or FDA of new archive site
                            when the source animal facility or sponsor
                            ceases operations.
3.4......................  Standard operating procedures (SOPs) of
                            source animal facility should be available
                            to review bodies.
3.5.1....................  Include increased infectious risk in informed
                            consent if source animal quarantine period
                            of 3 weeks is shortened.
3.5.4....................  Sponsor to make linked records described in
                            section 3.2.7 available for review.
3.5.5....................  Source animal facility to notify clinical
                            center when infectious agent is identified
                            in source animal or herd after
                            xenotransplantation product procurement.
------------------------------------------------------------------------

    FDA estimates the burden for this collection of information as
follows:

                                                     Table 4--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Number of
       PHS Guideline section             Number of        responses per       Total annual          Average burden per  response          Total hours
                                        respondents         respondent         responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
<IP_ADDRESS> \2\........................                 1                  1                  1   0.50 (30 minutes)......................              0.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ FDA is using one animal facility or sponsor for estimation purposes.

                                                   Table 5--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Number of     Number of records     Total annual
       PHS guideline section           recordkeepers    per recordkeeper       records           Average burden per  recordkeeping        Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
3.2.7 \2\..........................                 1               1                   1    16......................................              16
4.3 \3\............................                 2               1                   2    0.75 (45 minutes).......................               1.50
3.4.2 \4\..........................                 2              16                  32    0.25 (15 minutes).......................               8
<IP_ADDRESS> \5\........................                 2               4                   8    0.25 (15 minutes).......................               2
3.5.1 \6\..........................                 2               0.50                1    0.50 (30 minutes).......................               0.50
3.5.2 \6\..........................                 2               0.50                1    0.25 (15 minutes).......................               0.25
3.5.4..............................                 2               1                   2    0.17 (10 minutes).......................               0.34
3.6.4 \7\..........................                 2               4                   8    0.25 (15 minutes).......................               2
3.7 \7\............................                 4               2                   8.0  0.08 (5 minutes)........................               0.64
<IP_ADDRESS> \8\........................                 2              25                  50    0.17 (10 minutes).......................               8.50
<IP_ADDRESS> \6\........................                 2               0.50                1    0.17 (10 minutes).......................               0.17
<IP_ADDRESS> and 4.3.2 \6\..............                 2               0.50                1    0.17 (10 minutes).......................               0.17
4.3.1..............................                 2               1                   2    0.25 (15 minutes).......................               0.50
5.2 \9\............................                 2               6                  12    0.08 (5 minutes)........................               0.96
                                    --------------------------------------------------------------------------------------------------------------------
    Total..........................  ................  .................  .................  ........................................              41.53
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ A one-time burden for new respondents to set up a recordkeeping system linking all relevant records. FDA is using one new sponsor for estimation
  purposes.
\3\ FDA estimates there is minimal recordkeeping burden associated with maintaining the record system.
\4\ Monitoring for sentinel animals (subset representative of herd) plus all source animals. There are approximately 6 sentinel animals per herd x 1
  herd per facility x 4 facilities = 24 sentinel animals. There are approximately 8 source animals per year (see footnote 7 of this table); 24 + 8 = 32
  monitoring records to document.
\5\ Necropsy for animal deaths of unknown cause estimated to be approximately 2 per herd per year x 1 herd per facility x 4 facilities = 8.
\6\ Has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
\7\ On average two source animals are used for preparing xenotransplantation product material for one recipient. The average number of source animals is
  2 source animals per recipient x 4 recipients annually = 8 source animals per year. (See footnote 5 of table 6 of this document.)
\8\ FDA estimates there are approximately 2 clinical centers doing xenotransplantation procedures x approximately 25 health care workers involved per
  center = 50 health care workers.
\9\ Eight source animal records + 4 recipient records = 12 total records.

                                               Table 6--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Number of
        PHS Guideline section             Number of      disclosures per     Total annual         Average burden per  disclosure          Total hours
                                         respondents        respondent        disclosures
--------------------------------------------------------------------------------------------------------------------------------------------------------
<IP_ADDRESS> \2\.........................                 1               1                    1  0.50 (30 minutes).......................               0.50
3.4 \3\.............................                 4               0.50                 2  0.08 (5 minutes)........................               0.16
3.5.1 \4\...........................                 4               0.25                 1  0.25 (15 minutes).......................               0.25
3.5.4 \5\...........................                 4               1                    4  0.50 (30 minutes).......................               2
3.5.5 \4\...........................                 4               0.25                 1  0.25 (15 minutes).......................               0.25
                                     -------------------------------------------------------------------------------------------------------------------
    Total...........................  ................  .................  ................  ........................................               3.16
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ FDA is using one animal facility or sponsor for estimation purposes.
\3\ FDA's records indicate that an average of two INDs are expected to be submitted per year.
\4\ To our knowledge, has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
\5\ Based on an estimate of 12 patients treated over a 3-year period, the average number of xenotransplantation product recipients per year is estimated
  to be 4.

    Because of the potential risk for cross-species transmission of
pathogenic persistent virus, the guideline recommends that health
records be retained for 50 years. Since these records are medical
records, the retention of such records for up to 50 years is not
information subject to the PRA (5 CFR 1320.3(h)(5)). Also, because of
the limited number of clinical studies with small patient populations,
the number of records is expected to be insignificant at this time.
    Information collections in this guideline not included in tables 1
through 6 can be found under existing regulations and approved under
the OMB control numbers as follows: (1) ``Current Good Manufacturing
Practice for Finished Pharmaceuticals,'' 21 CFR 211.1 through 211.208,
approved under OMB control number 0910-0139; (2) ``Investigational New
Drug Application,'' 21 CFR 312.1 through

312.160, approved under OMB control number 0910-0014; and; (3)
information included in a biologics license application, 21 CFR 601.2,
approved under OMB control number 0910-0338. (Although it is possible
that a xenotransplantation product may not be regulated as a biological
product (e.g., it may be regulated as a medical device), FDA believes,
based on its knowledge and experience with xenotransplantation, that
any xenotransplantation product subject to FDA regulation within the
next 3 years will most likely be regulated as a biological product.)
However, FDA recognized that some of the information collections go
beyond approved collections; assessments for these burdens are included
in tables 1 through 6.
    In table 7 of this document, FDA identifies those collection of
information activities that are already encompassed by existing
regulations or are consistent with voluntary standards which reflect
industry's usual and customary business practice.

 Table 7--Collection of Information Required by Current Regulations and
                                Standards
------------------------------------------------------------------------
                                                          21 CFR section
                                      Description of         (unless
      PHS guideline section            collection of        otherwise
                                   information activity      stated)
------------------------------------------------------------------------
2.2.1............................  Document off-site     312.52.
                                    collaborations.
2.5..............................  Sponsor ensures       312.62(c).
                                    counseling patient
                                    + family + contacts.
3.1.1 and 3.1.6..................  Document well-        312.23(a)(7)(a)
                                    characterized         and 211.84.
                                    health history and
                                    lineage of source
                                    animals.
3.1.8............................  Registration with     42 CFR 71.53.
                                    and import permit
                                    from the Centers
                                    for Disease Control
                                    and Prevention.
3.2.2............................  Document              312.52.
                                    collaboration with
                                    accredited
                                    microbiology labs.
3.2.3............................  Procedures to ensure  9 CFR parts 1,
                                    the humane care of    2, and 3 and
                                    animals.              PHS Policy.\1\
3.2.4............................  Procedures            AAALAC
                                    consistent for        International
                                    accreditation by      Rules of
                                    the Association for   Accreditation
                                    Assessment and        \2\ and NRC
                                    Accreditation of      Guide.\3\
                                    Laboratory Animal
                                    Care International
                                    (AAALAC
                                    International) and
                                    consistent with the
                                    National Research
                                    Council's (NRC)
                                    Guide.
3.2.5, 3.4, and 3.4.1............  Herd health           211.100 and
                                    maintenance and       211.122.
                                    surveillance to be
                                    documented,
                                    available, and in
                                    accordance with
                                    documented
                                    procedures; record
                                    standard veterinary
                                    care.
3.2.6............................  Animal facility SOPs  PHS Policy.\1\
3.3.3............................  Validate assay        211.160(a).
                                    methods.
3.6.1............................  Procurement and       211.100 and
                                    processing of         211.122.
                                    xenografts using
                                    documented aseptic
                                    conditions.
3.6.2............................  Develop, implement,   211.84(d) and
                                    and enforce SOP's     211.122(c).
                                    for procurement and
                                    screening processes.
3.6.4............................  Communicate to FDA    312.32(c).
                                    animal necropsy
                                    findings pertinent
                                    to health of
                                    recipient.
3.7.1............................  PHS specimens to be   312.23(a)(6).
                                    linked to health
                                    records; provide to
                                    FDA justification
                                    for types of
                                    tissues, cells, and
                                    plasma, and
                                    quantities of
                                    plasma and
                                    leukocytes
                                    collected.
4.1.1............................  Surveillance of       312.23(a)(6)(ii
                                    xenotransplant        i)(f) and (g),
                                    recipient; sponsor    and 312.62(b)
                                    ensures               and (c).
                                    documentation of
                                    surveillance
                                    program life-long
                                    (justify >2 yrs.);
                                    investigator case
                                    histories (2 yrs.
                                    after investigation
                                    is discontinued).
4.1.2............................  Sponsor to justify    211.122.
                                    amount and type of
                                    reserve samples.
<IP_ADDRESS>..........................  System for prompt     312.57(a).
                                    retrieval of PHS
                                    specimens and
                                    linkage to medical
                                    records (recipient
                                    and source animal).
<IP_ADDRESS>..........................  Notify FDA of a       312.32.
                                    clinical episode
                                    potentially
                                    representing a
                                    xenogeneic
                                    infection.
<IP_ADDRESS>..........................  Document              312.52.
                                    collaborations
                                    (transfer of
                                    obligation).
<IP_ADDRESS>..........................  Develop educational   312.50.
                                    materials (sponsor
                                    provides
                                    investigators with
                                    information needed
                                    to conduct
                                    investigation
                                    properly).
4.3..............................  Sponsor to keep       312.57 and
                                    records of receipt,   312.62(b).
                                    shipment, and
                                    disposition of
                                    investigative drug;
                                    investigator to
                                    keep records of
                                    case histories.
------------------------------------------------------------------------
\1\ The ``Public Health Service Policy on Humane Care and Use of
  Laboratory Animals'' (http://www.grants.nih.gov/grants/olaw/references/phspol.htm).
\2\ AAALAC International Rules of Accreditation (http://www.aaalac.org/accreditation/rules.cfm).
\3\ The NRC's ``Guide for the Care and Use of Laboratory Animals.''

    Dated: June 8, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-14483 Filed 6-13-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: January 26, 2010 (Volume 75, Number 16)]
[Notices]
[Page 4129-4130]
[DOCID:fr26ja10-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61373; File No. SR-BX-2010-003]

 Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change To Amend Rule 2810 To Reflect Changes To
Corresponding FINRA Rule

January 15, 2010.
    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 January 5, 2010, NASDAQ OMX BX. Inc. (the ``Exchange'' or ``BX'')
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 the Exchange. The Exchange has designated
the proposed rule change as constituting a non-controversial rule
change under Rule 19b-4(f)(6) under the Act,\3\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is filing this proposed rule change to amend BX Rule
2810 to reflect recent changes to a corresponding rule of the Financial
Industry Regulatory Authority (``FINRA''). BX will implement the
proposed rule change thirty days after the date of the filing. The text
of the proposed rule change is available at http://
nasdaqomxbx.cchwallstreet.com, at the Exchange'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, the Exchange 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. The Exchange 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
    Many of BX's rules are based on rules of FINRA (formerly the
National Association of Securities Dealers (``NASD'')). During 2008,
FINRA embarked on an extended process of moving rules formerly
designated as ``NASD Rules'' into a consolidated FINRA rulebook. In
most cases, FINRA has renumbered these rules, and in some cases has
substantively amended them. Accordingly, BX also proposes to initiate a
process of modifying its rulebook to ensure that BX rules corresponding
to FINRA rules continue to mirror them as closely as practicable. In
some cases, it will not be possible for the rule numbers of BX rules to
mirror corresponding FINRA rules, because existing or planned BX rules
make use of those numbers. However, wherever possible, BX plans to
update its rules to reflect changes to corresponding FINRA rules.
    This filing addresses BX Rule 2810, which formerly corresponded to
NASD 2810, and which addresses underwriting terms and arrangements in
public offerings of direct participation programs and unlisted real
estate

investments trusts (collectively, ``Investment Programs''). In SR-
FINRA-2009-016,\4\ FINRA re-designated NASD Rule 2810 as FINRA Rule
2310 with no material change. FINRA Rule 2310 requires that members
participating in a public offering of an Investment Program meet
certain requirements regarding underwriting compensation, fees and
expenses, perform due diligence on the Investment Program, follow
specific guidelines on suitability, and adhere to limits on non-cash
compensation.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 59987 (May 27, 2009), 74
FR 106 [sic] (June 4, 2009) (SR-FINRA-2009-016).
---------------------------------------------------------------------------

    BX is adopting the new FINRA rule in full. Because the BX Rules
currently contain a Rule 2310, it will re-designate Rule 2810 as BX
Rule 2310A, so as to closely correspond to the new FINRA rule number.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections [sic] 6(b)(5) of the Act,\6\ in particular, in that the
proposal is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The proposed changes will conform BX Rule 2810 to recent changes made
to a corresponding FINRA rule, to promote application of consistent
regulatory standards.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-BX-2010-003 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-BX-2010-003. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-BX-2010-003 and should be
submitted on or before February 16, 2010.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1440 Filed 1-25-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 19, 2008 (Volume 73, Number 33)]
[Notices]
[Page 9114]
[DOCID:fr19fe08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC08-4-000]

New Harquahala Generating Company, LLC; Notice of Filing

February 8, 2008.
    Take notice that on February 4, 2008, New Harquahala Generating
Company, LLC (Harquahala) submitted a request for appeal of a NERC
decision regarding Harquahala's registration as a Transmission Owner
and Transmission Operator in the NERC Compliance Registry.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 5, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-2968 Filed 2-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Notices]
[Page 2728]
[FR Doc No: 2011-711]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. SIPA-170; File No. SIPC-2010-01]

Securities Investor Protection Corporation; Order Approving a
Proposed Bylaw Change Relating to SIPC Fund Assessments on SIPC Members

January 10, 2011.
    On October 8, 2010, the Securities Investor Protection Corporation
(``SIPC'') filed with the Securities and Exchange Commission
(``Commission'') a proposed bylaw change pursuant to Section 3(e)(1) of
the Securities Investor Protection Act of 1970 (``SIPA''), 15 U.S.C.
78ccc(e)(1). Notice of the proposed bylaw change was published in the
Federal Register on December 6, 2010.\1\ The Commission received no
comment letters on the proposed bylaw change. This order approves the
proposed bylaw change.
---------------------------------------------------------------------------

    \1\ See Release No. SIPA-169 (November 30, 2010), 75 FR 75711
(December 6, 2010).
---------------------------------------------------------------------------

I. Description of Proposed Bylaw Change

    Section 4(c)(2) of SIPA requires SIPC to impose assessments upon
its member broker-dealers deemed necessary and appropriate to establish
and maintain a broker-dealer liquidation fund administered by SIPC (the
``SIPC Fund'') and to repay any borrowings by SIPC used to liquidate a
broker-dealer. Pursuant to this authority, SIPC collects an annual
assessment from its members. The amount of the annual assessment is
prescribed by SIPA and the SIPC bylaws. When the SIPC Fund is at its
targeted level, SIPC collects a minimum assessment as provided in SIPA.
The current target level for the SIPC Fund is $2.5 billion.
    The Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010 (``Dodd-Frank Act'') amended SIPA to change the minimum assessment
from an amount not to exceed $150 to an amount not to exceed 0.02
percent of the gross revenues from the securities business of the SIPC
member.\2\ Under Article 6 of the SIPC bylaws, SIPC must assess its
members a minimum amount ($150) unless certain conditions apply.
Because in some cases an assessment of $150 would exceed 0.02 percent
of a member's gross revenues, the SIPC Assessments bylaw must be
amended to be consistent with the Dodd-Frank Act. First, SIPC has
proposed to amend Article 6, Section 1(a)(1)(B) of the SIPC bylaws by
replacing ``$150'' with the term ``0.02 percent of the net operating
revenues from the securities business.'' This amendment clarifies that
the minimum assessment for members, once the SIPC Fund reaches its
target, is 0.02 percent of a member's net operating revenues, rather
than $150. Second, SIPC has proposed deleting Section 1(a)(3) of
Article 6, which states that $150 was the minimum assessment a SIPC
member would be required to pay in any calendar year. These amendments
were approved by SIPC's Board of Directors on September 16, 2010.
---------------------------------------------------------------------------

    \2\ The Dodd-Frank Act, Section 929V.
---------------------------------------------------------------------------

    As indicated above, SIPC's bylaw changes refer to ``net operating
revenues'' instead of ``gross revenues.'' Since 1991, when assessing on
a percentage basis (i.e., not a flat $150 minimum assessment), SIPC has
based the assessment amount on a percentage of net operating revenues,
not gross revenues, from the securities business. In 1991, a SIPC Task
Force study found that securities firms no longer structured their
business on a gross revenue basis but instead used a net operating
revenue basis, which excludes interest expense and dividend expense in
accounting for revenue. SIPC bases its assessment on the net revenues
associated with that business, which it believes is consistent with
SIPA. Basing the assessment on net operating revenues as opposed to
gross revenues will decrease the amount of the assessment in most
situations. However, under SIPA, SIPC may adjust the basis for
collecting assessments and the amount of assessments as long as the
assessments are within the parameters prescribed in SIPA.\3\ Using a
minimum assessment of 0.02 percent of net operating revenues would not
cause the amount of the assessment to exceed the maximum amount
permitted for the minimum assessment under Section 4(d)(1)(C) of SIPA,
as amended by the Dodd-Frank Act.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78ddd(c)(2) and 78lll(9).
---------------------------------------------------------------------------

II. Commission Findings

    Section 3(e)(1) of SIPA provides that SIPC must file with the
Commission a copy of proposed bylaw changes. That section further
provides that bylaw changes shall take effect 30 days after filing,
unless the Commission either: (i) Disapproves the change as contrary to
the public interest or the purposes of SIPA, or (ii) finds that the
change involves a matter of such significant public interest that
public comment should be obtained. Once the Commission finds that the
proposed bylaw change involves a matter of such significant public
interest that public comment should be obtained, the Commission may,
after notifying SIPC in writing of such finding, require that the
proposed bylaw change be considered by the same procedures as a
proposed rule change including, among other things, publication in the
Federal Register and opportunity for public comment. Prior to approving
a proposed bylaw change that has been noticed for public comment the
Commission must make a finding that the change is in the public
interest and is consistent with the purposes of SIPA.\4\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78ccc(e)(2)(D).
---------------------------------------------------------------------------

    The Commission finds, pursuant to Section 3(e)(2)(D) of SIPA, that
the proposed bylaw change is in the public interest and consistent with
SIPA. First, the proposed bylaw change is a necessary consequence of
Dodd-Frank. Second, utilizing net operating revenues instead of gross
revenues is consistent with industry practice, SIPA, and the SIPC
bylaws.

III. Conclusion

    It is therefore ordered, pursuant to Section 3(e)(2)(B) of SIPA,
that the proposed bylaw changes (File No. SIPC-2010-01) are approved.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-711 Filed 1-13-11; 8:45 am]
BILLING CODE 8011-01-P