[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51575-51576]
[FR Doc No: 2015-20953]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2015-0693]

National Maritime Security Advisory Committee; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Meeting.

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SUMMARY: The National Maritime Security Advisory Committee will meet in
Washington, DC to discuss various issues relating to national maritime
security. This meeting will be open to the public.

DATES: The Committee will meet on Tuesday, September 29, 2015, from
1:00 p.m. to 4:30 p.m. and Wednesday, September 30, 2015, from 9:00
a.m. to 12:00 p.m. This meeting may close early if all business is
finished. All written public material and requests to make oral
presentations should reach the Coast Guard on or before September 23,
2015.

ADDRESSES: The meeting will be held at U.S. Department of
Transportation Headquarters (Oklahoma Room), 1200 New Jersey Avenue
SE., Washington, DC, 20590. Due to security, members of the public
wishing to attend must register with Mr. Ryan Owens, Alternate
Designated Federal Officer of the National Maritime Security Advisory
Committee, telephone<PHONE_NUMBER> or<EMAIL_ADDRESS>no later
than September 23, 2015. Additionally, all visitors to the Department
of Transportation Headquarters must provide identification in the form
of Government Issue picture identification card for access to the
facility. Please arrive at least 30 minutes before the planned start of
the meeting in order to pass through security.
    This meeting will be broadcasted via a web enabled interactive
online format and teleconference line. To participate via
teleconference, dial 1-855-475-2447; the pass code to join is 764 990
20#. Additionally, if you would like to participate in this meeting via
the online web format, please log onto https://share.dhs.gov/nmsac/ and
follow the online instructions to register for this meeting.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the person listed in the FOR FURTHER INFORMATION CONTACT section as
soon as possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Committee as listed in the
``Agenda'' section below. Comments that the public wishes the members
to see prior to the meeting should be submitted no later than September
23, 2015. Identify your comments by docket number [USCG-2015-0693]
using one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. We encourage use of
electronic submissions because security screening may delay delivery of
mail.
     Fax:<PHONE_NUMBER>.
     Hand Delivery: Same as mail address above, between 9:00
a.m. and 5:00 p.m., Monday through Friday, except Federal Holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and docket number [USCG-2015-0693].
All submissions received will be posted without alteration at
www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008 issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this Notice, go to http://www.regulations.gov, insert
``USCG-2015-0693'' in the ``Search'' box, and follow instructions on
the Web site.
    Public comments will be sought throughout the meeting by the
Designated Federal Officer as specific issues are discussed by the
committee. Additionally, public oral comment periods will be held
during the meetings on September 29, 2015, from 4:00 p.m. to 4:15 p.m.,
and September 30, 2015, from 11:10 a.m. to 11:30 a.m. Speakers are
requested to limit their comments to 3 minutes. Please note that the
public comment period will end following the last call for comments.
Contact the person listed in the FOR FURTHER INFORMATION CONTACT
section below to register as a speaker.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, Alternate Designated
Federal Officer of the National Maritime Security Advisory Committee,
2703 Martin Luther King Jr. Avenue SE., Stop 7581, Washington, DC
20593-7581; telephone<PHONE_NUMBER> or email<EMAIL_ADDRESS>If
you have any questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, Title 5, United States Code, Appendix.
The National Maritime Security Advisory Committee operates under the
authority of 46 U.S.C. 70112. The National Maritime Security Advisory
Committee provides advice, consults with, and makes recommendations to
the Secretary of Homeland Security, via the Commandant of the Coast
Guard, on matters relating to national maritime security.
    A copy of all meeting documentation will be available at https://homeport.uscg.mil/NMSAC by September 23, 2015. Alternatively, you may
contact Ryan Owens as noted in the FOR FURTHER INFORMATION CONTACT
section above.

Agenda of Meeting

Day 1

    The committee will meet to review, discuss and formulate
recommendations on the following issues:
    (1) Coast Guard Cyber Security Strategy. The Coast Guard issued a
Cyber Security Strategy on June 16, 2015. A copy of the strategy can be
found at http://www.uscg.mil/seniorleadership/DOCS/cyber.pdf. The
National Maritime Security Advisory Committee will meet to review and
provide recommendations on this strategy.
    (2) Transportation Worker Identification Credential; Next

Generation Specifications. The committee will discuss and formulate
recommendations on what the next generation of Transportation Worker
Credentials and readers should incorporate.
    (3) Coast Guard Industry Training Revisions. The Coast Guard
operates a program that places members in positions within the maritime
industry to better understand how it works. The Committee will be
tasked with developing recommendations on how to enhance this program.
    (4) Update on harmonization of rules with Canada and the Beyond the
Border Initiative. The Committee will receive an update brief on these
two programs.
    (5) Public comment period.

Day 2

    The Committee will meet to review, discuss and formulate
recommendations on the following issues:
    (1) Extremely Hazardous Cargo Strategy. The Committee will receive
a brief and provide recommendations on the implementation of the
Department of Homeland Security's Extremely Hazardous Cargo Strategy.
    (2) Energy Renaissance. National Maritime Security Advisory
Committee will receive a brief and provide recommendations on the
increased movement of petrochemical cargos in the inland waterways.
    (3) Election of New Chairman and Vice Chairman.
    (4) Public comment period.

    Dated: August 19, 2015.
V.B. Gifford,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2015-20953 Filed 8-24-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38516-38518]
[FR Doc No: 2023-12380]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-D-1083]

Insanitary Conditions in the Preparation, Packing, and Holding of
Tattoo Inks and the Risk of Microbial Contamination; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for industry entitled ``Insanitary
Conditions in the Preparation, Packing, and Holding of Tattoo Inks and
the Risk of Microbial Contamination.'' The draft guidance, when
finalized, will provide our current view of insanitary conditions of
tattoo ink preparation, packaging, or holding that may render the inks
injurious to health because of microbial contamination.

DATES: Submit either electronic or written comments on the draft
guidance by September 11, 2023 to ensure that FDA considers your
comment on the draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-1083 for ``Insanitary Conditions in the Preparation,
Packing, and Holding of Tattoo Inks and the Risk of Microbial
Contamination.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the

electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Office of Colors and Cosmetics, Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park,
MD 20740. Send two self-addressed adhesive labels to assist that office
in processing your request. See the SUPPLEMENTARY INFORMATION section
for electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: Elizabeth Anderson, Office of Colors
and Cosmetics, Center for Food Safety and Applied Nutrition, Food and
Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-
1130; or Deirdre Jurand, Office of Regulations and Policy, Center for
Food Safety and Applied Nutrition, Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a draft guidance for industry
entitled ``Insanitary Conditions in the Preparation, Packing, and
Holding of Tattoo Inks and the Risk of Microbial Contamination.'' We
are issuing the draft guidance consistent with our good guidance
practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on this topic. It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternate approach if it satisfies the
requirements of the applicable statutes and regulations.
    Tattooing has become increasingly popular in the United States:
about 30 percent of all Americans, and 40 percent of those aged 18 to
34 years, have at least one tattoo (Refs. 1 and 2). State and local
jurisdictions generally regulate the practice of intradermal tattooing,
including permanent makeup. FDA regulates, among other things, the inks
used in that practice. These inks are cosmetics as defined by section
201(i) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21
U.S.C. 321(i)) because they are articles intended to be introduced into
or otherwise applied to the human body for beautifying, promoting
attractiveness, or altering the appearance. Section 301(a) of the FD&C
Act (21 U.S.C. 331(a)) prohibits the introduction, or delivery for
introduction, into interstate commerce of cosmetics that are
adulterated or misbranded. Cosmetics are adulterated within the meaning
of section 601(c) of the FD&C Act (21 U.S.C. 361(c)) if they have been
prepared, packed, or held under insanitary conditions whereby they may
have become contaminated with filth, or whereby they may have been
rendered injurious to health.
    Microbes normally regarded as nonpathogenic when introduced in
certain ways (e.g., topically) may become opportunistically pathogenic
and virulent when introduced in other ways (e.g., in wounds, or via
cosmetics introduced into or through the skin). Tattoo inks bypass the
body's primary physical barrier against pathogens because they are
inserted below the epidermis. We have received multiple reports of
illness caused by microbially contaminated tattoo inks, and subsequent
testing has found many sealed tattoo inks in the United States with
microbial contamination. Among other things, between 2003 and 2019,
tattoo ink firms conducted 15 ink recalls, 14 of which resulted from
findings of microbial contamination. Eight of these recalls (Refs. 3 to
7) occurred after FDA conducted multiple surveys of tattoo inks
available in the U.S. market and tested them for microbial
contamination. Many of these inks were heavily contaminated with a
variety of microorganisms, some of which can cause serious infections
(Refs. 8 and 9).
    This draft guidance, when finalized, will help tattoo ink
manufacturers and distributors understand examples of what could
adulterate a tattoo ink because it has been prepared, packed, or held
under insanitary conditions that could render it injurious to health.
We also recommend certain steps that manufacturers and distributors
could take to help prevent the occurrence of these conditions, or to
identify and remediate insanitary conditions that already exist during
manufacturing and distribution.

II. Paperwork Reduction Act of 1995

    FDA tentatively concludes that this draft guidance contains no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 is not
required.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/CosmeticGuidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov. Use the FDA website listed in the previous
sentence to find the most current version of the guidance.

IV. References

    The following references marked with an asterisk (*) are on display
at the Dockets Management Staff (see ADDRESSES) and are available for
viewing by interested persons between 9 a.m. and 4 p.m., Monday through
Friday; they also are available electronically at https://www.regulations.gov. References without asterisks are not on public
display at https://www.regulations.gov because they have copyright
restriction. Some may be available at the website address, if listed.
References without asterisks are available for viewing only at the
Dockets Management Staff. FDA has verified the website addresses, as of
the date this document publishes in the Federal Register, but websites
are subject to change over time.

1. Giulbudagian, M., I. Schreiver, A.V. Singh, et al., ``Safety of
Tattoos and Permanent Make-up: A Regulatory View.'' Archives of
Toxicology, 94: 357-369 (2020).
2. Ipsos poll. ``More Americans Have Tattoos Today than Seven Years
Ago,'' August 29, 2019. Available at: https://www.ipsos.com/en-us/news-polls/more-americans-have-tattoos-today (accessed January 19,
2023).
* 3. Food and Drug Administration, ``Fusion Ink'': Recall, posted
November 30, 2017; available at https://www.accessdata.fda.gov/scripts/ires/index.cfm?Product=158974 (accessed January 19, 2023).
* 4. Food and Drug Administration, ``Radiant Colors'': Recall,
posted December 21, 2017; available at https://www.accessdata.fda.gov/scripts/ires/index.cfm?Product=160130
(accessed January 19, 2023).
* 5. Food and Drug Administration, ``Solid Ink'': Recall, posted
June 20, 2018; available at https://www.accessdata.fda.gov/scripts/ires/index.cfm?Product=164628 (accessed January 19, 2023).
* 6. Food and Drug Administration, ``Intenze Ink'': Recall, posted
July 31, 2018; available at https://www.accessdata.fda.gov/scripts/ires/index.cfm?Product=165649 (accessed January 19, 2023).
* 7. Food and Drug Administration, ``Eternal Ink'': Recall, posted
October 24, 2018; available at https://www.accessdata.fda.gov/scripts/ires/index.cfm?Product=167698 (accessed

January 19, 2023).
* 8. Nho, SW, S-J. Kim, O. Kweon, et al. ``Microbiological Survey of
Commercial Tattoo and Permanent Makeup Inks Available in the United
States.'' Journal of Applied Microbiology, 124: 1294-1302 (2018).
* 9. Food and Drug Administration, ``FDA Advises Consumers, Tattoo
Artists, and Retailers to Avoid Using or Selling Certain Tattoo Inks
Contaminated with Microorganisms''; available at https://www.fda.gov/cosmetics/cosmetics-recalls-alerts/fda-advises-consumers-tattoo-artists-and-retailers-avoid-using-or-selling-certain-tattoo-inks (accessed January 19, 2023).

    Dated: June 6, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-12380 Filed 6-12-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Proposed Rules]
[Pages 21970-21972]
[FR Doc No: 2018-09986]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0034; Airspace Docket No. 17-ANM-34]

Proposed Amendment of Class E Airspace; Kemmerer, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E surface area airspace at
Kemmerer Municipal Airport, Kemmerer, WY, by enlarging the airspace
area north of the airport and removing the Notice to Airmen (NOTAM)
part-time status for the airspace. Also, this action would reduce Class
E airspace extending upward from 700 feet above the surface and remove
Class E airspace extending upward from 1,200 feet above the surface.
After a review of the airspace, the FAA found these actions necessary
for the safety and management of instrument flight rules (IFR)
operations at the airport.

DATES: Comments must be received on or before June 25, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0034; Airspace Docket No. 17-ANM-34, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW, Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Kemmerer Municipal Airport,
Kemmerer, WY, to accommodate airspace redesign in support of IFR
operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2018-0034; Airspace Docket No. 17-ANM-34) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for address
and phone number).
    Persons wishing the FAA to acknowledge receipt of their comments on
this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2018-0034; Airspace Docket No. 17-ANM-34.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
the comments received. A report summarizing each substantive public
contact with FAA personnel concerned with this rulemaking will be filed
in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays, at the
Northwest Mountain Regional Office of the Federal Aviation
Administration, Air Traffic Organization, Western Service Center,
Operations Support Group, 1601 Lind Avenue SW, Renton, WA 98057.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes to amend Title 14 Code of Federal Regulations (14
CFR) part 71 by modifying the north extension of the Class E surface
area airspace at Kemmerer Municipal Airport, Kemmerer, WY, to within
1.8 miles (from 1 mile) each side of the 354[deg] bearing (from the
360[deg] bearing) from the airport extending from the 4.3-mile radius
of the airport to 7.7 miles (from 7 miles) north of the airport. Also,
the NOTAM part-time status for the airspace would be removed to make
the airspace effective continuously.
    The FAA also proposes to amend the Class E airspace extending
upward from 700 feet above the surface to within a 4.3-mile radius of
Kemmerer Municipal Airport from the airport 035[deg] bearing clockwise
to the airport 006[deg] bearing, and within a 9.5 mile radius of the
airport from the airport 006[deg] bearing clockwise to the airport
035[deg] bearing, and within 2.2 miles each side of the 354[deg]
bearing from the airport extending from the 4.3-mile radius of the
airport to 15.9 miles north of the airport, and within 2.2 miles each
side of the 172[deg] bearing from the airport extending from the 4.3-
mile radius of the airport to 7.4 miles south of the airport (from
within the 8-mile radius of Kemmerer Municipal Airport, and within 4
miles each side of the 174[deg] bearing from the airport extending from
the airport 11 miles south of the airport, and within 3.6 miles each
side of the 354[deg] bearing from the airport extending from the
airport to 16.1 miles northwest of the airport). Additionally, the
Class E airspace extending upward from 1,200 feet above the surface
would be removed because sufficient airspace exists (Wasatch and
Jackson Class E airspace areas) and duplication is not necessary. This
airspace redesign is necessary for the safety and management of IFR
operations at the airport.
    Class E airspace designations are published in paragraph 6002, and
6005, respectively, of FAA Order 7400.11B, dated August 3, 2017 and
effective September 15, 2017, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and

Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ANM WY E2 Kemmerer, WY [Amended]

Kemmerer Municipal Airport, WY
    (Lat. 41[deg]49'27'' N, long. 110[deg]33'25'' W)

    Within a 4.3-mile radius of Kemmerer Municipal Airport, and
within 1.8-miles each side of the 354[deg] bearing from the airport
extending from the 4.3-mile radius of the airport to 7.7 miles north
of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM WY E5 Kemmerer, WY [Amended]

Kemmerer Municipal Airport, WY
    (Lat. 41[deg]49'27'' N, long. 110[deg]33'25'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.3-mile radius of Kemmerer Municipal Airport from the
airport 035[deg] bearing clockwise to the airport 006[deg] bearing,
and within a 9.5-mile radius of the airport from the airport
006[deg] bearing clockwise to the airport 035[deg] bearing, and
within 2.2 miles each side of the 354[deg] bearing from the airport
extending from the 4.3-mile radius of the airport to 15.9 miles
north of the airport, and within 2.2 miles each side of the 172[deg]
bearing from the airport extending from the 4.3-mile radius of the
airport to 7.4 miles south of the airport.

    Issued in Seattle, Washington, on May 4, 2018.
Byron G. Chew,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-09986 Filed 5-10-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18290-18291]
[FR Doc No: 2014-07180]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-104-000]

Texas Eastern Transmission, LP; Notice of Application

    Take notice that on March 11, 2014, Texas Eastern Transmission, LP
(Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056-5310,
filed an application in the above referenced docket pursuant to section
7(c) of the Natural Gas Act (NGA) requesting authorization to construct
and operate its U2GC Project to provide 425,000 dekatherms per day of
pipeline capacity from Appalachian supply sources to an interconnection
with the Panhandle Eastern Pipe Line Company, LP's system near Gas
City, Indiana. Texas Eastern states the U2GC Project involves minor
modifications to existing facilities in Pennsylvania, Ohio, and Indiana
to provide for bidirectional flow capabilities. Texas Eastern estimates
the cost of the U2GC Project to be $56.5 million, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. The filing is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at<EMAIL_ADDRESS>or call

toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Berk
Donaldson, Director Rates and Certificates, Texas Eastern Transmission,
LP, P.O. Box 1642, Houston, Texas 77251-1642, by telephone at (713)
627-4488, by facsimile at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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 seven copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on April 15, 2014.

    Dated: March 25, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-07180 Filed 3-31-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41945-41946]
[FR Doc No: 2017-18720]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2341-000]

CA Flats Solar 130, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
CA Flats Solar 130, LLC's application for market-based rate authority,
with an

accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 18, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 29, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-18720 Filed 9-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37491-37493]
[FR Doc No: 2018-16396]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10661-050]

Indiana Michigan Power Company; Notice of Intent To File License
Application, Filing of Pre-Application Document (PAD), Commencement of
Pre-Filing Process, and Scoping; Request for Comments on the PAD and
Scoping Document, and Identification of Issues and Associated Study
Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New

License and Commencing Pre-filing Process.
    b. Project No.: 10661-050.
    c. Dated Filed: June 4, 2018.
    d. Submitted By: Indiana Michigan Power Company.
    e. Name of Project: Constantine Project.
    f. Location: The Constantine Project is located on the St. Joseph
River in the Village of Constantine, Michigan. The project does not
occupy federal land.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: David Hoffman, Director Field &
Support Services, c/o Jonathan Magalski, Environmental Specialist
Consultant, American Electric Power Service Corporation, 1 Riverside
Plaza, Columbus, Ohio 43215;<PHONE_NUMBER>; [email protected].
    i. FERC Contact: Lee Emery at<PHONE_NUMBER> or email at
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in paragraph o below. Cooperating agencies should
note the Commission's policy that agencies that cooperate in the
preparation of the environmental document cannot also intervene. See 94
FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR part 402 and (b) the State Historic
Preservation Officer, as required by section 106, National Historic
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Indiana Michigan Power
Company as the Commission's non-federal representative for carrying out
informal consultation, pursuant to section 7 of the Endangered Species
Act and section 106 of the National Historic Preservation Act.
    m. Indiana Michigan Power Company filed with the Commission a Pre-
Application Document (PAD); including a proposed process plan and
schedule, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected]. In lieu of electronic filing, please send a
paper copy to: Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-10661-050.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by October 2, 2018.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

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

Daytime Scoping Meeting

    Date and Time: Wednesday, August 29, 2018 at 9:00 a.m.
    Location: Village Hall, 115 White Pigeon Street, Constantine,
Michigan 49042.
    Phone Number:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date and Time: Tuesday, August 28, 2018 at 6:30 p.m.
    Location: Village Hall, 115 White Pigeon Street, Constantine,
Michigan 49042.
    Phone Number:<PHONE_NUMBER>.
    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of SD1 will be
available at the scoping meetings, or may be viewed on the web at
http://www.ferc.gov, using the ``eLibrary'' link. Follow the directions
for accessing information in paragraph n. Based on all oral and written
comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a
revised process plan and schedule, as well as a list of issues,
identified through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review of the project on Tuesday, August 28, 2018,
starting at 9:00 a.m. All participants should meet at the Constantine
Project powerhouse, located at 155 North Washington Avenue,
Constantine, Michigan 49042. Please notify Jonathan Magalski at
[email protected] (preferred contact) or at<PHONE_NUMBER>

by August 17, 2018, if you plan to attend the environmental site
review.

Meeting Objectives

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

Meeting Procedures

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

    Dated: July 25, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-16396 Filed 7-31-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71011-71014]
[FR Doc No: 2013-28416]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70911; File No. SR-NASDAQ-2013-143]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NASDAQ Rule 4120(c)(7)(C) To Modify the Parameters for Releasing
Securities for Trading Upon the Termination of a Trading Halt

November 21, 2013.
    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 November 14, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NASDAQ Rule 4120(c)(7)(C) to modify
the parameters for releasing securities for trading upon the
termination of a trading halt. NASDAQ will implement the proposed
change immediately.
    The text of the proposed rule change is below.\3\ Proposed new
language is italicized; proposed deletions are in brackets.
---------------------------------------------------------------------------

    \3\ The text of the rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

* * * * *
4120. Limit Up-Limit Down Plan and Trading Halts
    (a)-(b) No change.
(c) Procedure for Initiating and Terminating a Trading Halt
    (1)-(6) No change.
    (7)
    (A)-(B) No change.
    (C) If at the end of a Display Only Period or during the subsequent
process to release the security for trading, Nasdaq detects an order
imbalance in the security, Nasdaq will extend the Display Only Period
as permitted under subparagraph (A). In the case of subparagraph (B),
any order imbalance during the Pre-Launch Period or during the
subsequent process to release the security for trading will result in a
delay of the release for trading of the IPO until the end of the order
imbalance and satisfaction of the other requirements for release of the
IPO contained in subparagraph (B). Order imbalances are established as
follows:
    (1) Order imbalances under subparagraph (A) shall be established
when (i) the last available Current Reference Price[s], as defined in
Rule 4753(a)(2)(A), disseminated [15 seconds and ]immediately prior to
the end of the Display Only Period and any of the three preceding
Current Reference Prices differ by more than the greater of 5 percent
or 50 cents, or (ii) all buy or sell market orders will not be executed
in the cross.
    (2) Order imbalances under subparagraph (B) shall be established
when (i) the Current Reference Price[s], as defined in Rule
4753(a)(2)(A), disseminated [15 seconds and ]immediately prior to
commencing the release of the IPO for trading during the Pre-Launch
Period and any of the three preceding Current Reference Prices differ
by more than the greater of 5 percent or 50 cents, or (ii) all buy or
sell market orders will not be executed in the cross.
    (3) Order imbalances under both subparagraphs (A) and (B) shall be
established during the subsequent process to release a security for
trading, which occurs at the termination of either a Display Only
Period under subparagraph (A) or a Pre-Launch Period under subparagraph
(B), if, upon completion of the cross calculation, (i) the calculated
price at which the security would be released for trading and any of
the three preceding Current Reference Prices disseminated immediately
prior to the initiation of the cross calculation differ by more than
the greater of 5 percent or 50 cents, or (ii) all buy or sell market
orders would not be executed in the cross.
* * * * *

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
    The Exchange proposes to amend Rule 4120(c)(7)(C) to strengthen the
price volatility comparison of the order imbalance tests done at the
conclusion of the Display Only Period and Pre-Launch Period by
increasing the number of Current Reference Prices that are compared.
The Exchange is also proposing to extend the order imbalance tests of
the rule to also include the process by which a company's securities
are released for trading after a halt. Securities subject to a halt
under Rule 4120(a) cannot be released when there is an order imbalance
in the security. Historically, order imbalances were defined uniformly
under Rule 4120(c)(7)(C) for all halts under Rule 4120(a) as: (i) the
Current Reference Prices, as defined in Rule

4753(a)(2)(A),\4\ disseminated 15 seconds and immediately prior to the
end of the Display Only Period differ by more than the greater of 5
percent or 50 cents (the ``Price Volatility Test''), or (ii) all buy or
sell market orders will not be executed in the cross (the ``Imbalance
Test''). During the Display Only Period, NASDAQ disseminates an Order
Imbalance Indicator every five seconds,\5\ which includes a Current
Reference Price along with the then-current imbalance information.\6\
The Order Imbalance Indicator allows market participants insight into
the likely price at which a security will emerge from a halt.
---------------------------------------------------------------------------

    \4\ The Current Reference Price is defined in Rule 4753(a)(2)(A)
as the price at which the maximum number of shares can be paired. In
situations where more than one price exists, the rule establishes
the Current Reference Price in a number of scenarios.
    \5\ Rule 4753(b)(1).
    \6\ The Order Imbalance Indicator provides market participants
with the Current Reference Price, the number of shares matched for
execution at the Current Reference Price, the total number of shares
that cannot be matched for execution and side of executable shares,
and the indicative prices at which the Halt Cross would occur if it
were to occur at that time. See Rule 4753(a)(2).
---------------------------------------------------------------------------

    NASDAQ recently adopted a new process for releasing securities
approved for listing on NASDAQ in an initial public offering
(``IPO'').\7\ The changes were adopted to improve the IPO release
process by increasing NASDAQ's flexibility to commence trading when
appropriate while retaining a transparent process that has been the
hallmark of the rule. To this end, NASDAQ eliminated the former rule
requirement that limited the number of extensions of the Display Only
Period to six five-minute periods, and instead adopted a ``Pre-Launch
Period'' at the conclusion of the initial 15-minute Display Only Period
that is not of a fixed duration. Unlike other halts under Rule 4120(a),
NASDAQ does not apply the order imbalance tests at the conclusion of an
IPO launch Display Only Period, but rather thereafter transitions to
the Pre-Launch Period. Under the new rule, the Pre-Launch Period will
continue until:
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 69897 (July 1, 2013), 78
FR 40782 (July 8, 2013) (SR-NASDAQ-2013-092).
---------------------------------------------------------------------------

    (1) the IPO is released when the following two conditions are
simultaneously met:
     NASDAQ receives notice from the underwriter of the IPO
that the security is ready to trade, and
     there is no order imbalance in the security (as discussed
below); or
    (2) the underwriter, with concurrence of NASDAQ, determines at any
point during the IPO Halt Cross process up through the Pre-Launch
Period to postpone and reschedule the IPO.
    The Exchange adopted the condition that there be no order
imbalance, as defined in Rule 4120(c)(7)(C), in a halted security prior
to its release for trading to ensure that the security price is
reasonably stable and trading interest is balanced at the time trading
commences. With the changes to the IPO release process discussed above,
NASDAQ adopted a new definition of order imbalance applicable only to
IPO halt securities, while retaining the same definition of an order
imbalance for all other halts under Rule 4120(a). NASDAQ defines an
order imbalance in an IPO security as occurring when (1) the Current
Reference Price, as defined in Rule 4753(a)(2)(A), disseminated 15
seconds and immediately prior to commencing the release of the IPO for
trading during the Pre-Launch Period differs by more than the greater
of 5 percent or 50 cents, or (2) all buy or sell market orders will not
be executed in the cross. This protection is designed to prevent
circumstances where a misunderstanding by the underwriter as to the
state of the order book risks launching trading at a time of material
volatility in the book for the security. As a consequence, if an
underwriter gives notice to launch the IPO security, it must also be
free of an order imbalance prior to release for price calculation and
trading.
    All order imbalances are calculated by the Halt Cross system, which
automatically prevents launch of a halted security when an order
imbalance exists. For halts under Rule 4120(a) other than IPO halts, at
the conclusion of the Display Only Period and any extensions thereof
permitted by the rule, the Halt Cross system determines if an order
imbalance exists by performing the two order imbalance tests. If there
is not an order imbalance, the system calculates the release price of
the security based on the trading interest at the conclusion of the
Display Only Period and releases the halted security for trading. The
conclusion of all halts under Rule 4120(a) other than IPO halts is
initiated by the Halt Cross system automatically, resulting in the
release of a security immediately after the issuance of a Current
Reference Price. IPO halts, however, do not necessarily conclude in
synch with the dissemination of a Current Reference Price because the
underwriter initiates the conclusion of the Pre-Launch Period without
consideration to the dissemination of the Current Reference Price.

Enhanced Volatility Test

    The Exchange proposes to strengthen the Price Volatility Test
applied to all halts under Rule 4120(a) by increasing the number of
prices to which the last disseminated Current Reference Price is
compared. The current rule text provides that NASDAQ compares the
Current Reference Price available immediately prior to the conclusion
of either the Display Only Period \8\ or Pre-Launch Period,\9\ as
applicable, to the Current Reference Price issued 15 seconds prior to
the conclusion of these periods. This calculation results in a single
comparison of prices, notwithstanding that there are two additional
Current Reference Prices disseminated between the Current Reference
Prices compared by the test. For example, in the case of a Display Only
Period that concludes pursuant to Rule 4120(c)(7)(A) at 10:00:00 with
the last disseminated Current Reference Price occurring at 10:00:00,
the Halt Cross system will compare the last disseminated Current
Reference Price to the Current Reference Price issued at 09:59:45.
Because Current Reference Prices are disseminated every five seconds,
two additional Current Reference Prices were disseminated at 09:59:50
and 09:59:55, between the two Current Reference Prices used by the
Price Volatility Test. Either of the two intermediate Current Reference
Prices may reflect volatile pricing that would not be considered by the
current Price Volatility Test.
---------------------------------------------------------------------------

    \8\ For halts concluded pursuant to Rule 4120(c)(7)(A).
    \9\ For halts concluded pursuant to Rule 4120(c)(7)(B).
---------------------------------------------------------------------------

    NASDAQ is proposing to amend Rule 4120(c)(7)(C) to reflect that the
Price Volatility Test will compare the last available Current Reference
Price to each of the three preceding Current Reference Prices. As a
consequence, the Price Volatility Test will more robustly detect price
volatility at the conclusion of a Display Only Period or Pre-Launch
Period by conducting three price comparisons of the most recent Current
Reference Prices as compared to the single comparison done now. The
order imbalance tests are designed to ensure that the security price is
reasonably stable at the time trading commences. NASDAQ believes that
testing against the three prior Current Reference Prices increases the
likelihood that instability will be detected and, as a consequence,
trading in the security will be afforded additional time to stabilize,
resulting in a launch that is more reflective of all the trading
interest in the security.

Extension of the Order Imbalance Tests

    NASDAQ is also proposing to extend the order imbalance tests to the
release process, which occurs after the conclusion of a Display Only
Period or Pre-Launch Period, as applicable, and before the release of
the security. During this release process period, the Halt Cross system
closes the order book, and then calculates the price at which the
security will be opened. As noted above, the release price of an IPO is
calculated at the conclusion of the Pre-Launch Period, which is not
systematically determined by the expiration of a set time period, but
rather is initiated by the underwriter to the IPO. The time between the
dissemination of the last Current Reference Price and the close of the
Pre-Launch Period may be as long as nearly five seconds, during which
market participants may continue to enter and cancel orders. NASDAQ
notes that, for a halt concluded pursuant to Rule 4120(c)(7)(A), there
is a very brief time after the dissemination of the Current Reference
Price and the closing of the order book during which market
participants may continue to enter and cancel orders. As a result, the
orders in the order book may not be reflected in the last disseminated
Order Imbalance Indicator.
    Under both launch processes, at the conclusion of the applicable
period the Halt Cross system performs the order imbalance tests using
an Order Imbalance Indicator that, as noted, may not be reflective of
the most recent orders entered during the period after its
dissemination. It is possible that a market participant may enter an
order that is materially different in price from the last available
Current Reference Price disseminated and of an adequate size to
significantly distort the security's price during the cross price
calculation. Under such a scenario, the halted security could be
released at a price significantly different from market expectations
based on the indicative price of the Order Imbalance Indicator
disseminated just prior to the launch. Moreover, an order entered or
canceled during the period between the last dissemination of the Order
Imbalance Indicator and the closing of the order book may cause an
order imbalance in the number of buy and sell interest resulting in a
certain number of shares remaining unmatched at the conclusion of the
cross.
    NASDAQ is proposing to extend the order imbalance tests to the
process for releasing a security for trading applicable to halts
concluded pursuant to both Rules 4120(c)(7)(A) and (B). Specifically,
the requirement would apply to both the process following the
conclusion of the Display Only Period for halts under Rule 4120(a)
other than IPOs, and to the process following the conclusion of the
Pre-Launch Period for IPO halt securities. NASDAQ has amended the
definition of an order imbalance under Rule 4120(c)(7)(C) to reflect
the addition of the order imbalance tests to this period. Under the new
definition of order imbalance, the Halt Cross system will compare the
calculated price at which the security would be released to each of the
three preceding Current Reference Prices disseminated immediately prior
to initiation of the cross calculation. An order imbalance under this
calculation would be present if the prices differ by more than the
greater of 5 percent or 50 cents. The Halt Cross system will also apply
the Imbalance Test to determine whether all orders were executed in the
cross.
    Under the amended rule, should a security be subject to an order
imbalance during the subsequent process to release the security for
trading by failing either the new Price Volatility Test or Imbalance
Test, it would return to either a Display Only Period for a one minute
extension period, in the case of Rule 4120(a) halts other than IPOs, or
in the case of an IPO halt, return to the Pre-Launch Period. Once in
the returned state, the security would repeat the process for release
until such time that the security may be priced.\10\ Accordingly,
NASDAQ believes extension of the order imbalance tests to the release
process will ensure that the price at which a security is released for
trading is reflective of the general interest in the security,
unaltered by aberrant order activity. NASDAQ notes that the proposed
modification to the rule is not designed to substantively modify how
order imbalances are handled in the release of securities halted under
Rule 4120(a). It is instead designed to apply the same principles to
the brief price calculation process just prior to the release of a
security for regular trading.
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    \10\ In the case of a Pre-Launch Period, all conditions to
conclude the period must be met, including a new indication that the
underwriter is ready to launch. Consistent with Rule 4120(c)(7)(B),
during this time the underwriter, with the concurrence of NASDAQ,
may also determine to postpone and reschedule the IPO.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\11\ in general, and with
Section 6(b)(5) of the Act,\12\ in particular, in that it is designed
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 transaction 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,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The proposed rule change promotes this
goal by strengthening tests that must be passed for a security to be
released from a halt, and extending the protections of all such tests
to include the brief period after a security is released for pricing
and the pricing process concludes. Although unlikely, it is possible,
particularly with regard to the IPO release process, for a disruptive
order to skew the release price far from what was anticipated by market
participants based on the indicative prices published by the Exchange
prior to the calculation. The proposed change is designed to protect
market participants from receiving what would appear from their
perspective to be erroneous pricing of securities for resumption of
trading. Accordingly, NASDAQ believes that enhancing and strengthening
the process is in the interest of protecting investors as it will serve
to avoid confusion among market participants. NASDAQ notes that the
criteria it applies in releasing halted securities pursuant to the rule
are applied consistently to every release, and therefore do not permit
NASDAQ to discriminate in any manner.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
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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. The
Exchange believes that the proposal is irrelevant to competition
because it is not driven by, and will have no impact on, competition.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(ii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
    \15\ 17 CFR 240.19b-4(f)(6)(ii).
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    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(ii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange stated that
this proposal establishes rules that enhance an existing test, which is
designed to ensure that securities in a halted state are released in an
orderly manner and that there are no order imbalances in a security
emerging from a halt. In addition, the Exchange stated that the
proposal is designed to protect market participants from seemingly
erroneous pricing of securities for resumption of trading. Thus, the
Exchange believes that it is in the interest of protecting investors to
provide the amended process, which will eliminate the possibility of
such a disruption, at the earliest time possible. For these reasons,
the Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposed rule change to be
operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(ii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \19\
of the Act to determine whether the proposed rule should be approved or
disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-143 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2013-143. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2013-143 and should
be submitted on or before December 18, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28416 Filed 11-26-13; 8:45 am]
BILLING CODE 8011-01-P