[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Notices]
[Page 38026]
[FR Doc No: 2013-15071]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 349-173]

Alabama Power, Inc.; Supplement to Notice of Availability of the
Draft Environmental Impact Statement for the Martin Dam Hydroelectric
Project Announcing Public Meeting

    On June 6, 2013, the Commission issued a Draft Environmental Impact
Statement (draft EIS) for the Martin Dam Hydroelectric Project No. 349-
173 (Martin Dam Project). The draft EIS documents the views of
governmental agencies, non-governmental organizations, affected Indian
tribes, the public, the license applicant, and Commission staff. All
written comments must be filed by August 13, 2013, and should reference
Project No. 349-173. More information on filing comments can be found
in the letter at the front of the draft EIS or on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed.
    In addition to or in lieu of sending written comments, you are
invited to attend a public meeting that will be held to receive
comments on the draft EIS. The time and location of the meeting is as
follows:
    Date: Wednesday, July 17, 2013.
    Time: 6:30 p.m. to 9:30 p.m.
    Place: Central Alabama Community College, Betty Carol Graham
Technology Center.
    Address: 1675 Cherokee Road, Alexander City, Alabama 35010.
    At this meeting, resource agency personnel and other interested
persons will have the opportunity to provide oral and written comments
and recommendations regarding the draft EIS. The meeting will be
recorded by a court reporter, and all statements (verbal and written)
will become part of the Commission's public record for the project.
This meeting is posted on the Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related
information.
    For further information, contact Stephen Bowler at<PHONE_NUMBER>
or at<EMAIL_ADDRESS>
    Dated: June 18, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-15071 Filed 6-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53058-53059]
[FR Doc No: 2014-21100]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2710-000]

Palo Duro Wind Energy, 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 Palo Duro Wind Energy, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18
C.F.R. 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 17, 2014.
    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(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 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 (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 28, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-21100 Filed 9-4-14; 8:45 am]
BILLING CODE 6717-01-P


 From:       Richard Krock<EMAIL_ADDRESS>

  To:         Jodi Howard/RTP/USEPA/US@EPA

  Date:       09/24/2010 03:31 PM

  Subject:    VI Status Update on PVC Resin Test Method Development Program

Dear Ms. Howard,

As you requested, a status update is attached from Environmental
Chemistry, Inc. along with the Vinyl Institute’s estimate of timing to
complete the PVC resin test method development program.  Please do not
hesitate to contact me with any questions that may arise during your
review of the documents.   Thank you for the opportunity to submit this
information for the PVC MACT rule development.

Regards,

Richard Krock
Technical Director

The Vinyl Institute
1737 King Street Suite 390
Alexandria, VA 22314
Direct:<PHONE_NUMBER>
Mobile:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>http://www.vinylinfo.org
http://www.vinylindesign.com(See attached file: ECI Status letter
Richard Krock VI 09-22-2010.pdf)(See attached file: VI Cover Letter to
EPA for ECI Update on Resin Test Methods  09-24-10.pdf)


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Page 16778]
[FR Doc No: 2022-06191]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94471; File No. SR-NASDAQ-2022-015]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change To Exempt Non-Convertible Bonds Listed Under Rule
5702 From Certain Corporate Governance Requirements

March 18, 2022.
    On February 4, 2022, The Nasdaq Stock Market LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
exempt non-convertible bonds listed under Rule 5702 from certain
corporate governance requirements. The proposed rule change was
published for comment in the Federal Register on February 23, 2022.\3\
The Commission has received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 94265 (February 16,
2022), 87 FR 10265.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is April 9, 2022.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designates May 24, 2022, as the date by which the Commission
shall either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
NASDAQ-2022-015).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-06191 Filed 3-23-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52773-52775]
[FR Doc No: 2022-18555]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0222; FRL-9997-01-OCSPP]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel their registrations of certain
product registrations and to amend certain product registrations to
terminate one or more uses. EPA intends to grant these requests at the
close of the comment period for this announcement unless the Agency
receives substantive comments within the comment period that would
merit its further review of the requests, or unless the registrants
withdraw their requests. If these requests are granted, any sale,
distribution, or use of products listed in this notice will be
permitted after the registration has been cancelled or use terminated,
only if such sale, distribution, or use is consistent with the terms as
described in the final order.

DATES: Comments must be received on or before September 28, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0222, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
Regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain product registrations and terminate certain uses of
product registrations. The affected products and the registrants making
the requests are identified in Tables 1 and 2 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling and
amending the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
             Registration No.              Company No.          Product name              Active ingredients
----------------------------------------------------------------------------------------------------------------
100-1238.................................          100  Scimitar GR Insecticide....  Lambda-Cyhalothrin.
100-1239.................................          100  Lambda-CY 0.045% H&G         Lambda-Cyhalothrin.
                                                         Granule Insecticide.
100-1273.................................          100  A14796 Insecticide.........  Lambda-Cyhalothrin.
100-1274.................................          100  A14797 Insecticide.........  Lambda-Cyhalothrin.
100-1304.................................          100  Thiamethoxam 0.20/Lambda-    Lambda-Cyhalothrin &
                                                         Cyhalothrin 0.04 L&G GR.     Thiamethoxam.
100-1334.................................          100  Thiamethoxam 0.40/Lambda-    Lambda-Cyhalothrin &
                                                         cyhalothrin 0.16 ME          Thiamethoxam.
                                                         Concentrate.
100-1336.................................          100  Thiamethoxam 0.010/Lambda-   Lambda-Cyhalothrin &
                                                         cyhalothrin 0.004 ME RTU.    Thiamethoxam.
228-649..................................          228  NuFarm Two Ox Pro Herbicide  Oxadiazon & Oxyfluorfen.
1381-180.................................         1381  Pro Source #1 Magic Carpet   Oxadiazon.
                                                         Fertilizer with 0.67%
                                                         Ronstar.
1381-181.................................         1381  Pro Source Magic Carpet      Oxadiazon.
                                                         Fertilizer with 1.00%
                                                         Ronstar.
2693-195.................................         2693  VC17M with Biolux Copper     Copper as elemental.
                                                         Powder V901.
2693-196.................................         2693  VC17M with Biolux Copper     Copper as elemental.
                                                         Powder V900.

6836-124.................................         6836  Glybrom RW-97.5............  2,4-Imidazolidinedione, 1-
                                                                                bromo-3-chloro-5,5-
                                                                                dimethyl- & 1,3-Dibromo-
                                                                                5,5-dimethylhydantoin.
6836-329.................................         6836  Lonzabac 12 Preservative...  1,3-Propanediamine, N-(3-
                                                                                aminopropyl)-N-dodecyl-
9150-11..................................         9150  Cryocide 20................  Chlorine dioxide & 1-
                                                                                Decanaminium, N-decyl-N,N-
                                                                                dimethyl-, chloride.
9150-15..................................         9150  Anthium Pesticidal           1-Decanaminium, N-decyl-N,N-
                                                         Disinfecting Spray.          dimethyl-, chloride &
                                                                                Chlorine dioxide.
10324-99.................................        10324  Maquat 10-PD...............  Alkyl* dimethyl benzyl
                                                                                ammonium chloride
                                                                                *(60%C14, 30%C16, 5%C18,
                                                                                5%C12) & Alkyl* dimethyl
                                                                                ethylbenzyl ammonium
                                                                                chloride *(68%C12,
                                                                                32%C14).
10324-142................................        10324  Maquat MQ2525M-14..........  Alkyl* dimethyl ethylbenzyl
                                                                                ammonium chloride
                                                                                *(68%C12, 32%C14) & Alkyl*
                                                                                dimethyl benzyl ammonium
                                                                                chloride *(60%C14, 30%C16,
                                                                                5%C18, 5%C12).
52287-11.................................        52287  Fertilizer with Starteem(R)  Trifluralin; Benfluralin &
                                                         #2.                          Oxadiazon.
59682-5..................................        59682  Fast Attack................  Nonylphenoxypolyethoxyethan
                                                                                ol--iodine complex.
67799-3..................................        67799  Sea Fresh 150..............  Sulfur dioxide.
70506-33.................................        70506  Devrinol 2-G Ornamental      Napropamide.
                                                         Selective Herbicide.
70506-37.................................        70506  Devrinol 3.75 SC Landscape   Napropamide.
                                                         and Nursery Selective
                                                         Herbicide (Active);
                                                         Devrinol 4-F Ornamental
                                                         Selective Herbicide
                                                         (Alternate).
70506-38.................................        70506  Devrinol 50-DF Ornamental    Napropamide.
                                                         Selective Herbicide.
70506-39.................................        70506  Devrinol Lawn and            Napropamide.
                                                         Ornamental Selective
                                                         Herbicide.
70506-63.................................        70506  Devrinol 2-EC Ornamental     Napropamide.
                                                         Selective Herbicide.
70506-263................................        70506  Doubledown.................  Oxadiazon & Oxyfluorfen.
70506-373................................        70506  Dupont Londax G Herbicide..  Bensulfuron-methyl.
87373-41.................................        87373  A364.02....................  Paraquat dichloride
87373-112................................        87373  Paraquat Technical.........  Paraquat dichloride.
91234-87.................................        91234  A364.01....................  Paraquat dichloride.
IN-110004................................        62719  Instinct...................  Nitrapyrin.
IN-130001................................        10163  Malathion 8................  Malathion (NO INERT USE).
IN-130002................................        10163  Malathion 8................  Malathion (NO INERT USE).
KS-170001................................          100  Dual Magnum Herbicide......  S-Metolachlor.
NJ-990006................................        62719  Confirm 2F Agricultural      Tebufenozide.
                                                         Insecticide.
OK-990002................................        62719  Confirm 2F Agricultural      Tebufenozide.
                                                         Insecticide.
OR-110018................................        59639  Valor Herbicide............  Flumioxazin.
VA-980006................................        62719  RH-5992 2F Experimental      Tebufenozide.
                                                         Insecticide.
WA-110011................................        62719  Opensight..................  Metsulfuron & Aminopyralid-
                                                                                potassium.
WA-140004................................        62719  Entrust SC.................  Spinosad.
WA-140005................................        81880  GWN-1715...................  Pyridaben.
WA-170001................................        81880  Nexter SC Miticide/          Pyridaben.
                                                         Insecticide.
----------------------------------------------------------------------------------------------------------------

                   Table 2--Product Registrations with Pending Requests for Use Terminations.
----------------------------------------------------------------------------------------------------------------
                                                                                Uses to be
         Registration No.          Company No.      Product name        Active ingredient        terminated
----------------------------------------------------------------------------------------------------------------
45728-21.........................        45728  Thiram Granuflo       Thiram..............  Turf and golf.
                                                 Agricultural
                                                 Fungicide.
45728-26.........................        45728  Thiram SC...........  Thiram..............  Turf and golf.
85678-67.........................        85678  Bifenthrin 2E.......  Bifenthrin..........  Crop use for
                                                                                Nurseries.
94730-3..........................        94730  Bifenthrin Technical  Bifenthrin..........  Indoor Residential.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1 and Table 2 of this unit.

    Table 3--Registrants Requesting Voluntary Cancellation and/or Use
                              Terminations
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
100...............................  Syngenta Crop Protection, LLC, 410
                                     Swing Road, P.O. Box 18300,
                                     Greensboro, NC 27419-8300.
228...............................  NuFarm Americas, Inc., 4020 Aerial
                                     Center Pkwy., Ste. 101,
                                     Morrisville, NC 27560.
1381..............................  Winfield Solutions, LLC, P.O. Box
                                     64589, St. Paul, MN 55164-0589.
2693..............................  International Paint, LLC, 6001
                                     Antoine Drive, Houston, TX 77091.
6836..............................  Arxada, LLC, 412 Mount Kemble
                                     Avenue, Suite 200S, Morristown, NJ
                                     07960.
9150..............................  International Dioxcide, Inc., 40
                                     Whitecap Drive, North Kingstown, RI
                                     02852.
10163.............................  Gowan Company, LLC, 370 S Main St.,
                                     Yuma, AZ 85366.

10324.............................  Mason Chemical Company, 9075 Centre
                                     Pointe Dr., Suite 400, West
                                     Chester, OH 45069.
45728.............................  Taminco US, LLC, A Subsidiary of
                                     Eastman Chemical Company, c/o John
                                     Hott-B280, 200 S Wilcox Dr.,
                                     Kingsport, TN 376605147.
52287.............................  Harrell's, LLC, P.O. Box 807,
                                     Lakeland, FL 33802.
59639.............................  Valent U.S.A. LLC, 4600 Norris
                                     Canyon Road, P.O. Box 5075, San
                                     Ramon, CA 94583.
59682.............................  Controlled Release Technologies,
                                     Inc., 1016 Industry Drive, Shelby,
                                     NC 28152.
62719.............................  Corteva Agriscience, LLC, 9330
                                     Zionsville Road, Indianapolis, IN
                                     46268.
67799.............................  Seaco Technologies, Inc., P.O. Box
                                     80205, Bakersfield, CA 93380.
70506.............................  UPL NA, Inc., 630 Freedom Business
                                     Center, Suite 402, King of Prussia,
                                     PA 19406.
81880.............................  Canyon Group, LLC, c/o Gowan
                                     Company, 370 S Main Street, Yuma,
                                     AZ 85364.
85678.............................  RedEagle International, LLC, Agent
                                     Name: Wagner Regulatory Associates,
                                     Inc., 7217 Lancaster Pike, Suite A,
                                     P.O. Box 640, Hockessin, DE 19707.
87373.............................  Argite, LLC, Agent Name: Pyxis
                                     Regulatory Consulting, Inc., 4110
                                     136th Street Ct. NW, Gig Harbor, WA
                                     98332.
91234.............................  Atticus, LLC, Agent Name: Pyxis
                                     Regulatory Consulting, Inc., 4110
                                     136th Street Ct. NW, Gig Harbor, WA
                                     98332-9122.
94730.............................  Generic Crop Science, LLC, Agent
                                     Name: Wagner Regulatory Associates,
                                     Inc., 7217 Lancaster Pike, Ste. A,
                                     P.O. Box 640, Hockessin, DE 19707.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants have requested that EPA waive the 180-day comment
period. Accordingly, EPA will provide a 30-day comment period on the
proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Tables 1 and 2 of Unit II.

For 10324-142:
    For 10324-142, listed in Table 1 of Unit II, the registrant has
requested an 18-month sell-through period.
    For all other voluntary product cancellations, listed in Table 1 of
Unit II, registrants will be permitted to sell and distribute existing
stocks of voluntarily canceled products for 1 year after the effective
date of the cancellation, which will be the date of publication of the
cancellation order in the Federal Register. Thereafter, registrants
will be prohibited from selling or distributing the products identified
in Table 1 of Unit II, except for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
Table 2 of Unit II, except for export consistent with FIFRA section 17
or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 23, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-18555 Filed 8-26-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Notices]
[Pages 26516-26517]
[FR Doc No: 2020-09467]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0130]

Registration and Financial Security Requirements for Brokers of
Property and Freight Forwarders; Small Business in Transportation
Coalition (SBTC) Exemption Application

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of correction; extension of comment period.

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

SUMMARY: FMCSA corrects the public docket number referenced in its
April 10, 2020, notice announcing that the Small Business in
Transportation Coalition (SBTC) seeks reconsideration of an August 14,
2013, application by the Association of Independent Property Brokers
and Agents (AIPBA) for an exemption from the $75,000 bond requirement
for all property brokers and freight forwarders. The Agency also
extends the public comment period for that notice.

DATES: Comments must be received on or before June 3, 2020.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2020-0130 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Send comments to Docket Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Docket Operations.
     Fax:<PHONE_NUMBER>
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
     Docket: For access to the docket to read background
documents or comments, go to www.regulations.gov at

any time or visit Docket Operations, Room W12-140 on the ground level
of the West Building, 1200 New Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.
    Privacy Act: DOT posts public comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER><EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, contact Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On April 10, 2020 (85 FR 20334), FMCSA
published a notice announcing that SBTC seeks reconsideration of an
August 14, 2013, application by the AIPBA for an exemption from the
$75,000 bond requirement for all property brokers and freight
forwarders. The notice referenced in error ``FMCSA-2020-0239'' as the
docket number for the submission of public comments. The correct docket
number for this notice is ``FMCSA-2020-0130.''
    All interested parties that would like to see the SBTC's request,
read the public comments concerning this matter, or submit comments
should use ``FMCSA-2020-0130'' when visiting http://www.regulations.gov. Any comments concerning SBTC's request, and
submitted to docket number FMCSA-2020-0239 prior to the publication of
this notice will be transferred to docket number FMCSA-2020-0130.
    In addition to correcting the docket number, FMCSA extends the
comment period to ensure that interested parties have sufficient time
to review the SBTC request filed under the proper docket, and submit
comments to that docket.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-09467 Filed 5-1-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Pages 62181-62182]
[FR Doc No: 2021-24435]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2020-E-2232 and FDA-2020-E-2204]

Determination of Regulatory Review Period for Purposes of Patent
Extension; DOJOLVI

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for DOJOLVI and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of patents which claim that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by January 10, 2022.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by May 9, 2022. See ``Petitions''
in the SUPPLEMENTARY INFORMATION section for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 10, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 10, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

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 Nos.
FDA-2020-E-2232 and FDA-2020-E-2204 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; DOJOLVI.'' Received
comments, those filed in a timely manner (see ADDRESSES), 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.'' The Agency 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 Sec.  10.20 (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>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug or biologic product, animal drug product, medical device,
food additive, or color additive) was subject to regulatory review by
FDA before the item was marketed. Under these acts, a product's
regulatory review period forms the basis for determining the amount of
extension an applicant may receive.
    A regulatory review period consists of two periods of time: a
testing phase and an approval phase. For human drug products, the
testing phase begins when

the exemption to permit the clinical investigations of the drug becomes
effective and runs until the approval phase begins. The approval phase
starts with the initial submission of an application to market the
human drug product and continues until FDA grants permission to market
the drug product. Although only a portion of a regulatory review period
may count toward the actual amount of extension that the Director of
USPTO may award (for example, half the testing phase must be subtracted
as well as any time that may have occurred before the patent was
issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product DOJOLVI
(triheptanoin). DOJOLVI is indicated as a source of calories and fatty
acids for the treatment of pediatric and adult patients with
molecularly confirmed long-chain fatty acid oxidation disorders.
Subsequent to this approval, the USPTO received patent term restoration
applications for DOJOLVI (U.S. Patent Nos. 8,697,748 and 9,186,344)
from Ultragenyx Pharmaceutical Inc., and the USPTO requested FDA's
assistance in determining the patents' eligibility for patent term
restoration. In a letter dated December 14, 2020, FDA advised the USPTO
that this human drug product had undergone a regulatory review period
and that the approval of DOJOLVI represented the first permitted
commercial marketing or use of the product. Thereafter, the USPTO
requested that FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
DOJOLVI is 2,511 days. Of this time, 2,175 days occurred during the
testing phase of the regulatory review period, while 336 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
August 17, 2013. FDA has verified the applicant's claims that the date
the investigational new drug application became effective was on August
17, 2013.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: July 31,
2019. FDA has verified the applicant's claims that the new drug
application (NDA) for DOJOLVI (NDA 213687) was initially submitted on
July 31, 2019.
    3. The date the application was approved: June 30, 2020. FDA has
verified the applicant's claims that NDA 213687 was approved on June
30, 2020.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,012 days or 1,303 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: November 3, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-24435 Filed 11-8-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52315-52316]
[FR Doc No: 2017-24489]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0954]

Information Collection Request to Office of Management and
Budget; OMB Control Number[s]: 1625-0085

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information without
change: 1625-0085, Streamlined Inspection Program. Our ICR describe the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before January 12,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0954] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), ATTN: Paperwork Reduction

Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE.,
Stop 7710, Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2017-0954], and
must be received by January 12, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Streamlined Inspection Program.
    OMB Control Number: 1625-0085.
    Summary: The Coast Guard established an optional Streamlined
Inspection Program (SIP) to provide owners and operators of U.S.
vessels an alternative method of complying with inspection requirements
of the Coast Guard.
    Need: The SIP regulations under 46 CFR part 8, subpart E, offer
owners and operators of inspected vessels an alternative to traditional
Coast Guard inspection procedures. Title 46 U.S.C. 3306 of authorizes
the Coast Guard to prescribe regulations necessary to carry out the
inspections of vessels required to be inspected under 46 U.S.C. 3103,
and 46 U.S.C. 3301 allows the Coast Guard to rely on reports,
documents, and records of other persons who have been determined to be
reliable, and other methods that have been determined to be reliable to
ensure compliance with vessels and seamen requirements under 46 U.S.C.
subtitle II.
    Forms: None.
    Respondents: Owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 2,334
hours to 8,254 hours a year due to an increase in the number of SIP
participants (i.e., companies and vessels).

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: November 2, 2017.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2017-24489 Filed 11-9-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18589-18590]
[FR Doc No: 2013-07089]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9794-7]

EPA Office of External Affairs and Environmental Education;
Request for Nominations of Candidates for the National Environmental
Education Advisory Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency)
Office of External Affairs and Environmental Education (OEAEE) Staff
Office is soliciting applications for environmental education
professionals for consideration on the National Environmental Education
Advisory Council (NEEAC). There is one vacancy on the Advisory Council
that must be filled. This vacancy is for the State Department of
Education and Natural Resources position. Additional avenues and
resources may be utilized in the solicitation of applications. In an
effort to obtain nominations of diverse candidates, EPA encourages
nominations of women and men of all racial and ethnic groups.

DATES: Applications should be submitted by April 15, 2013 per
instructions below.

ADDRESSES: Submit non-electronic application materials to Javier
Araujo, Designated Federal Officer, National Environmental Education
Advisory Council, U.S. Environmental Protection Agency, Office of
External Affairs and Environmental Education (MC:1704A), 1200
Pennsylvania Ave. NW., Room 1426(ARN), Washington, DC 20460, Ph: 202-
564-2642, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For information regarding this Request
for Nominations, please contact Mr. Javier Araujo, Designated Federal
Officer (DFO), EPA National Environmental Education Advisory Council,
at the contact information provided above. General information
concerning NEEAC can be found on the EPA Web site at: http://www.epa.gov/enviroed/.

SUPPLEMENTARY INFORMATION: The National Environmental Education Act
requires that the Council be comprised of eleven (11) members appointed
by the Administrator of EPA. Members represent a balance of
perspectives, professional qualifications, and experience. The Act
specifies that members must represent the following sectors: Primary
and secondary education (one of whom shall be a classroom teacher)--two
members; colleges and universities--two members; business and
industry--two members; non profit organizations involved in
environmental education--two members; state departments of education
and natural resources--one member each; senior Americans--one member.
Members are chosen to represent various geographic regions of the
country, and the Council strives for a diverse representation. The
professional backgrounds of Council members should include education,
science, policy, or other appropriate disciplines. Each member of the
Council shall hold office for a one (1) to three (3) year period.
Members are expected to participate in up to two (2) meetings per year
and monthly or more conference calls per year. Members of the Council
shall receive compensation and allowances, including travel expenses,
at a rate fixed by the Administrator.
    Expertise Sought: The OEAEE staff office seeks candidates with
demonstrated experience and/or knowledge in any of the following
environmental education issue areas: (a) Integrating environmental
education into state and local education reform and improvement; (b)
state, local and tribal level capacity building; (c) cross-sector
partnerships; (d) leveraging resources for environmental education; (e)
design and implementation of environmental education research; (f)
evaluation methodology; professional development for teachers and other
education professionals; and targeting under-represented audiences,
including low-income, multi-cultural, senior citizens and other adults.
    Candidates should be team players who demonstrate strong
analytical, communication and writing skills.
    How to Submit Applications: Any interested and qualified
individuals may be considered for appointment on the National
Environmental Education Advisory Council. Applications should be
submitted in electronic format to the DFO, Javier Araujo, at:
<EMAIL_ADDRESS>and contain the following: contact information
including name, address, phone and fax numbers and an email address; a
curriculum vitae or resume; the specific area of expertise in
environmental education; recent service on other national advisory
committees or national professional organizations and a one-page
commentary on the applicant's philosophy regarding the need for,
development, implementation and/or management of environmental
education nationally.
    Persons having questions about the application procedure or who are
unable to submit applications by electronic means should contact Javier
Araujo, DFO, at the contact information provided above in this notice.
Non-electronic submissions must contain the same information as
electronic ones. The OEAEE Staff Office will acknowledge receipt of the
application. The OEAEE Staff Office will develop a short list of
candidates for more detailed consideration. The short list candidates
will be required to fill out the Confidential Disclosure Form for
Special Government Employees Serving Federal Advisory Committees at the
U.S. Environmental Protection Agency (EPA Form 3110-48). This
confidential form allows government officials to determine whether
there is a statutory conflict between that person's public
responsibilities (which include membership on a Federal advisory
committee) and private interests and activities and the appearance of a
lack of impartiality as defined by Federal regulation. The form may be
viewed and

downloaded from the following URL address: http://www.epa.gov/oppt/aegl/pubs/ethics_form.pdf.

    Dated: March 14, 2013.
Javier Araujo,
Designated Federal Officer.
[FR Doc. 2013-07089 Filed 3-26-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20290-20293]
[FR Doc No: 2014-08122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71887; File No. SR-NSCC-2014-04]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Proposed Rule Change To Effect
Processing Enhancements to the NSCC Automated Customer Account Transfer
Service

April 7, 2014.
    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 March 27, 2014, National Securities Clearing Corporation (``NSCC'')
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 primarily by NSCC. 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 proposed rule change consists of modifications to the Rules &
Procedures (``Rules'') of NSCC regarding processing enhancements that
it proposes to undertake with respect to its Automated Customer Account
Transfer Service (``ACATS'').\3\
---------------------------------------------------------------------------

    \3\ Terms not defined herein have the meaning set forth in the
Rules.
---------------------------------------------------------------------------

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

    In its filing with the Commission, NSCC 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. NSCC 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
i. Introduction
    ACATS \4\ enables Members to transfer customer accounts among
themselves in an automated fashion.\5\ Since its inception in 1985,
ACATS has provided Members with an efficient automated means for the
prompt transfer of customer accounts. ACATS is a non-guaranteed service
and transfers are not subject to risk management by NSCC.
---------------------------------------------------------------------------

    \4\ Currently, through ACATS, an NSCC Member (``Member'') to
whom a customer's securities account is to be transferred (the
``Receiving Member'') may initiate the account transfer process by
submitting a Transfer Initiation Request (a ``TIF'') to NSCC. When a
Member who is delivering securities through ACATS (a ``Delivering
Member'') accepts a customer account transfer (and all other
preconditions to the processing of an ACATS transfer pursuant to
NSCC's Rules have been met), NSCC will cause CNS-eligible items in
that account to enter NSCC's CNS Accounting Operation (``CNS'')
prior to the settlement cycle on the day before Settlement Date.
``Non-CNS ACATS'' transactions may be settled either through or away
from NSCC depending on the asset type. See Rules, Rule 50 (Automated
Customer Account Transfer Service), available at http://www.dtcc.com/en/legal/rules-and-procedures.aspx.
    \5\ ACATS complements Financial Industry Regulatory Authority
(``FINRA'') Rule 11870 requiring FINRA members to use automated
clearing agency customer account transfer services to effect
customer account transfers within specified time frames.
---------------------------------------------------------------------------

    NSCC and The Depository Trust Company (``DTC'') have been engaged
with the industry in a series of initiatives designed to improve the
efficiency and reduce risks associated with transactions processed
through ACATS.\6\ As a next step in this series of initiatives, and as
more fully described below, NSCC is proposing a new ACATS process
(separate from CNS) for enhanced efficiency and risk reduction and to
support final completion of settlement for ACATS transfers of: (i) CNS-
eligible securities and (ii) securities that are otherwise eligible for
settlement at DTC (``Non-CNS DTC-Eligible Securities'').
---------------------------------------------------------------------------

    \6\ Previous initiatives in this regard focused on improvements
relating to tracking of assets eligible for processing through
NSCC's Continuous Net Settlement Accounting Operation (``CNS'') and
mutual fund ACATS obligations.
---------------------------------------------------------------------------

    The new process would facilitate completion of ACATS transactions
as described below regardless of the fact that: (i) A Member that is
party to the transfer may fail to meet its money settlement obligation
to NSCC, or (ii) if NSCC ceases to act for such Member (collectively,
``Fails to Settle''). The revised processing would also ensure that
Non-CNS DTC-Eligible Securities

are credited to a no lien location, as CNS eligible items are
currently.
ii. Discussion
Current Treatment of CNS-Eligible ACATS Transactions
    Today, when a CNS ACATS transaction is staged for delivery on
Settlement Date, in order to incent the Delivering Member to make
delivery of the securities, the Delivering Member is charged with a
money settlement debit and the Receiving Member with a money settlement
credit. These charges are reversed when the securities transfer is
complete.
    ACATS transfers settled via CNS are fungible with all other CNS
activity. Specifically, CNS ACATS receives and delivers are netted with
guaranteed settling trades in the same securities. NSCC tracks ACATS
receive and deliver obligations in CNS so that NSCC is able to reverse
the uncompleted CNS ACATS obligations of a Member that Fails to
Settle.\7\ However, if two or more Members Fail to Settle, because of
the fungibility of ACATS securities with other CNS activity, NSCC may
not be able to identify completed versus uncompleted transactions. As a
result, NSCC would then reverse all ACATS transactions relating to
those Members whether or not the transactions are completed in order to
eliminate the debits and credits generated as described above. This
adds uncertainty as to the finality of any given CNS-eligible ACATS
transaction until money settlement is complete.
---------------------------------------------------------------------------

    \7\ Completed transactions, however, are not reversed.
---------------------------------------------------------------------------

Current Treatment of Transfers in Non-CNS DTC-Eligible Securities
    Similar to CNS ACATS transactions, the Delivering Member for a non-
CNS eligible transaction that fails to make securities delivery
receives a money debit for the full value of the securities. Under
current processing, NSCC does not track which of these transactions has
been completed. Thus, if at the end of the day the Delivering Member
Fails to Settle, NSCC would reverse the Member's ACATS transactions in
order to erase the associated money debit. This also adds uncertainty
as to the finality of any given non-CNS DTC-eligible ACATS transaction
until money settlement is complete.
New Process for ACATS Transfers of CNS-Eligible Securities and Non-CNS
DTC-Eligible Securities
    The proposed rule change would create a new ACATS process for both
CNS-eligible and Non-CNS DTC-Eligible Securities.
    In this new design, ACATS would send obligations in CNS-eligible
securities and Non-CNS DTC-Eligible Securities into a new, non-
guaranteed ACATS process for such obligations on ACATS settlement date.
The process would be known as the ``ACATS Settlement Accounting
Operation.'' All transfers through this new accounting operation would
be made ``free-of-value'' without the application of incentive charges
applied in the current process (as described above).\8\
---------------------------------------------------------------------------

    \8\ An NSCC account at DTC would be established to accommodate
processing of these transfers.
---------------------------------------------------------------------------

    Each Member participating in ACATS would maintain two NSCC
subaccounts with respect to the ACATS Settlement Accounting Operation
to accommodate the processing of receive obligations and deliver
obligations, respectively. Under this process, the impacted ACATS
transactions would be aggregated into one receive obligation and one
deliver obligation per security per Member and included in either the
Member's ``receive'' or ``deliver'' subaccounts established for this
purpose. NSCC would not net the obligations between a Member's
subaccounts. These accounting measures would allow NSCC to track
obligations at the Member level, so NSCC may identify and reverse only
uncompleted securities obligations if one or more Members default on
the scheduled ACATS settlement date.\9\ The fact that deliveries would
be made free-of-value would obviate any need to reverse completed
transactions. Also, as more fully described below, NSCC's guaranty to
DTC for short cover payment obligations would no longer be applicable
because the deliveries no longer present risk to DTC.
---------------------------------------------------------------------------

    \9\ DTC would provide information to NSCC through the DTC/NSCC
interface as to when deliveries are complete. Please note such
reversals of uncompleted transactions for defaulting Members would
remain necessary due to the application of NSCC charges for failed
securities deliveries as described below.
---------------------------------------------------------------------------

Delivery Exemptions
    The new process would also provide for ``Level 1'' delivery
exemptions that would allow Members to indicate that deliver
obligations in the ACATS Settlement Accounting Operation should not be
automatically settled against their current DTC position. With respect
to same day settling transactions, Members may select a standing
exemption to permit all such short positions to be delivered.
Additionally, during the daytime cycle, a Member may override the one
day settling exemption as well as other exemptions entered by the
Member the previous evening. To do so, the Member should prepare a
Delivery Order (``DO'') and submit it to DTC in the normal manner.
ACATS Settlement Accounting Operation Allocation Algorithm
    The proposed rule change would provide that after securities are
received by NSCC from Delivering Members, they would be allocated to
Receiving Members. The allocation of these securities would be governed
by an algorithm as formulated by NSCC from time to time as to not to
benefit any one Member. In addition, to maximize customer account
deliveries, the default process would be for NSCC to instruct DTC to
first deliver shares out of a Delivering Member's account to satisfy
its ACATS obligations and then outstanding CNS obligations.
Failures To Deliver or Receive Securities through the ACATS Settlement
Accounting Operation
    If a scheduled securities delivery or receive through the ACATS
Settlement Accounting Operation for a transaction fails at the end of
the day (a ``Fail-to-Deliver or Receive'') but has not Failed to
Settle, NSCC would apply a funds settlement debit to the Delivering
Member and a funds settlement credit to the Receiving Member prior to
final settlement. The money amount would be 100 percent of the CNS
market value of the fail for each CNS-eligible item (unless a market
price is unavailable in which case NSCC would use the value provided by
the Delivering Member), and 100 percent of the ACATS market value for
each Non-CNS DTC-Eligible Securities. When the Member pays final money
settlement, ACATS obligations for which there was a Fail-to-Deliver or
Receive securities would take one of two paths depending on whether
they involve CNS-eligible or Non-CNS DTC-Eligible Securities:
     For uncompleted CNS-eligible ACATS obligations: An ACATS
obligation in a CNS-eligible security where there has been a Fail-to-
Deliver or Receive securities (but a Member to the transaction does not
Fail to Settle) would enter the applicable Member's general CNS
account. The obligation would then be netted with regular CNS
processing. Because NSCC has collected the full mark on these
transactions, NSCC would guaranty [sic] settlement for the obligations
upon their inclusion in CNS.
     For uncompleted non-CNS DTC ACATS obligations: For non-CNS
DTC-eligible transactions, NSCC would provide instructions to both the

Delivering Member and Receiving Member to settle the failed obligation
directly with each other. These transactions would be automatically
entered into NSCC's Obligation Warehouse system, if eligible.
    If one or more Members Fail(s) to Settle, the tracking and reversal
functionality associated with the ACATS Settlement Accounting Operation
would allow NSCC to reverse uncompleted ACATS obligations as necessary.
This would enable NSCC to reverse pending ACATS obligations for only
uncompleted transfers of Member(s) that Fail to Settle and allow assets
associated with completed ACATS transfers to remain with the Receiving
Member, thus ensuring that customer account transfers to new firms are
maximized. This enhances NSCC's ACATS process for CNS-eligible
securities and Non-CNS DTC-Eligible Securities by allowing for tracking
of obligations and reversal of only uncompleted transactions in the
event of a multiple Member default scenario.\10\
---------------------------------------------------------------------------

    \10\ The current process only provides for tracking for this
purpose if there is a single Member default.
---------------------------------------------------------------------------

    For purposes of this proposal, an ACATS transfer of a Member that
Fails to Settle would be deemed uncompleted if the Member is: (i) the
Delivering Member and it has Failed to Deliver to NSCC all or a portion
of the securities associated with the ACATS transfer, or (ii) the
Receiving Member and it has Failed to Receive from NSCC all or a
portion of the securities associated with the ACATS transfer. However,
in either such case, where the Delivering Member has made a partial
delivery for an amount of the securities to NSCC (the ``Delivered
Amount'') the transfer would be: (i) Deemed completed for any amount of
the securities received from NSCC by the Receiving Member up to an
amount not to exceed the Delivered Amount (the ``Received Amount''),
and (ii) uncompleted for any amount of the securities scheduled for
delivery other than the Received Amount (in which case, only the
uncompleted portion of the item would be subject to reversal). In the
event either a Delivering Member and Receiving Member to the same ACATS
transfer Fails to Settle on the same settlement day, then any transfer
deemed uncompleted for the Delivering Member would also be deemed
uncompleted as to the Receiving Member, and vice versa. NSCC would
notify firms with the details associated with the assets subject to the
reversal and firms would need to reestablish customer positions
accordingly.
Elimination of Short Cover Charge
    An ``ACATS short cover charge'' is a dollar amount guaranteed by
NSCC to DTC for the value of securities delivered from a Participant's
DTC account to NSCC for CNS processing by NSCC. NSCC's guaranty to DTC
for the short cover charge will no longer be applicable because the
deliveries no longer present risk to DTC. In a related rule filing, SR-
DTC-2014-04, DTC proposes to eliminate the provision in its procedures
relating to ACATS short charges. No change to NSCC's rules text is
required in respect to short charges.
Long Allocations
    At NSCC, under current rules, long allocations may be reversed if
the NSCC Member fails to meet its settlement obligation. Because ACATS
transactions would not generate any funds settlement obligations, this
reversal is eliminated. In its related filing, DTC proposes to delete a
provision describing the reversal of ACATS long allocations from its
procedures. No change to NSCC's rules text is required in this regard.
Delivery of Securities to a ``No Lien'' Location
    The associated changes would also ensure that neither DTC nor NSCC
has a lien on shares delivered to a receiver as a result of ACATS
transfers. As this new process allocates shares to the long broker via
an algorithm that NSCC would establish for this purpose, DTC would
credit the shares to the broker's Minimum Amount (``MA'') or non-lien/
non-collateral account at DTC.
Reporting of Transactions
    Final accounting reports for the ACATS Settlement Accounting
Operation would be provided in conjunction with the final CNS
accounting reports, however, reporting along with the CNS accounting
reports would have no effect on the status of the reported ACATS
transactions as non-guaranteed.
iii. Implementation Timeframe
    NSCC proposes to implement the changes set forth in this rule
filing during the second quarter of 2014. Pending Commission approval,
Members will be advised of the implementation date through issuance of
NSCC Important Notices.
2. Statutory Basis
    The proposed rule change provides for enhancements relating to the
processing of customer securities which would enable the implementation
of: (i) The tracking of receive and deliver obligations associated with
ACATS activity, and (ii) preclude the reversal of completed ACATS
transfers in the event that Member Fails to Settle. Therefore, NSCC
believes the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to NSCC,
and in particular Section 17A(b)(3)(F) \11\ of the Act which requires
that NSCC's Rules be designed to promote the prompt and accurate
clearance and settlement of securities transactions and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC believes that the proposed rule change would not impose any
burden on competition as it applies to all Members that utilize the
ACATS service and the new process has been developed in close
coordination with the industry.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received with respect to this filing.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NSCC-2014-04 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NSCC-2014-04. 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 NSCC and on
NSCC's Web site at (http://www.dtcc.com/legal/sec-rule-filings.aspx).
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 No. SR-NSCC-2014-04 and
should be submitted on or before May 2, 2014.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-08122 Filed 4-10-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7833-7835]
[FR Doc No: 2013-02287]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68744; File No. SR-NYSEMKT-2013-04]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 80C--
Equities, Which Provides for Trading Pauses in Individual Securities
Due to Extraordinary Market Volatility, Extending the Effective Date of
the Pilot Until the Earlier of the Initial Date of Operations of the
Regulation NMS Plan To Address Extraordinary Market Volatility or
February 4, 2014

January 28, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 15, 2013, NYSE MKT LLC (``NYSE MKT'' 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 Rule 80C--Equities, which provides
for trading pauses in individual securities due to extraordinary market
volatility, to extend the effective date of the pilot by which such
rule operates from the current scheduled expiration date of February 4,
2013, until the earlier of the initial date of operations of the
Regulation NMS Plan to Address Extraordinary Market Volatility or
February 4, 2014. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at

the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 80C--Equities, which provides
for trading pauses in individual securities due to extraordinary market
volatility, to extend the effective date of the pilot by which such
rule operates from the current scheduled expiration date of February 4,
2013,\3\ until the earlier of the initial date of operations of the
Regulation NMS Plan to Address Extraordinary Market Volatility or
February 4, 2014. The pilot will continue to operate as to individual
securities until such security is subject to the Regulation NMS Plan to
Address Extraordinary Market Volatility.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 67568 (August 1,
2012), 77 FR 47140 (August 7, 2012) (SR-NYSEMKT-2012-27).
---------------------------------------------------------------------------

    Rule 80C--Equities requires the Exchange to pause trading in an
individual security listed on the Exchange if the price moves by a
specified percentage as compared to prices of that security in the
preceding five-minute period during a trading day, which period is
defined as a ``Trading Pause.'' The pilot was developed and implemented
as a market-wide initiative by the Exchange and other national
securities exchanges in consultation with the Commission staff and is
currently applicable to all NMS stocks and specified exchange-traded
products.\4\
---------------------------------------------------------------------------

    \4\ The Exchange notes that the other national securities
exchanges and the Financial Industry Regulatory Authority have
adopted the pilot in substantially similar form. See Securities
Exchange Act Release No. 62252 (June 10, 2010), 75 FR 34186 (June
16, 2010) (File Nos. SR-BATS-2010-014; SR-EDGA-2010-01; SR-EDGX-
2010-01; SR-BX-2010-037; SR-ISE-2010-48; SR-NYSE-2010-39; SR-
NYSEAmex-2010-46; SR-NYSEArca-2010-41; SR-NASDAQ-2010-061; SR-CHX-
2010-10; SR-NSX-2010-05; and SR-CBOE-2010-047) and Securities
Exchange Act Release No. 62251 (June 10, 2010), 75 FR 34183 (June
16, 2010) (SR-FINRA-2010-025). See also Securities Exchange Act
Release No. 62884 (September 10, 2010), 75 FR 56618 (September 16,
2010) (File Nos. SR-BATS-2010-018; SR-BX-2010-044; SR-CBOE-2010-065;
SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05; SR-ISE-2010-66;
SR-NASDAQ-2010-079; SR-NYSE-2010-49; SR-NYSEAmex-2010-63; SR-
NYSEArca-2010-61; and SR-NSX-2010-08 and Securities Exchange Act
Release No. 62883 (September 10, 2010), 75 FR 56608 (September 16,
2010) (SR-FINRA-2010-033). See also Securities Exchange Act Release
No. 63501 (December 9, 2010), 75 FR 78307 (December 15, 2010) (SR-
NYSEAmex-2010-117). A proposal to, among other things, expand the
pilot to include all NMS stocks not already included therein was
implemented on August 8, 2011. See Securities Exchange Act Release
No. 64735 (June 23, 2011), 76 FR 38243 (June 29, 2011) (File Nos.
SR-BATS-2011-016; SR-BYX-2011-011; SR-BX-2011-025; SR-CBOE-2011-049;
SR-CHX-2011-09; SR-EDGA-2011-15; SR-EDGX-2011-14; SR-FINRA-2011-023;
SR-ISE-2011-028; SR-NASDAQ-2011-067; SR-NYSE-2011-21; SR-NYSEAmex-
2011-32; SR-NYSEArca-2011-26; SR-NSX-2011-06; and SR-Phlx-2011-64).
---------------------------------------------------------------------------

    The extension proposed herein would allow the pilot to continue to
operate without interruption until implementation of the Regulation NMS
Plan to Address Extraordinary Market Volatility.\5\ The Exchange
anticipates that the Regulation NMS Plan to Address Extraordinary
Market Volatility will not begin initial operations on February 4, 2013
as currently planned, but will be delayed. If the Regulation NMS Plan
to Address Extraordinary Market Volatility has an initial date of
operations before February 4, 2014, the proposed pilot for trading
pauses would expire at that time.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the National Market System Plan To Address
Extraordinary Market Volatility by BATS Exchange, Inc., BATS Y-
Exchange, Inc., Chicago Board Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange,
Inc., Financial Industry Regulatory Authority, Inc., NASDAQ OMX BX,
Inc., NASDAQ OMX PHLX LLC, The Nasdaq Stock Market LLC, National
Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\6\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\7\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, 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 Exchange
believes that the change proposed herein meets these requirements in
that it promotes uniformity across markets concerning decisions to
pause trading in a security when there are significant price movements,
which promotes just and equitable principles of trade and removes
impediments to, and perfects the mechanism of, a free and open market
and a national market system. Additionally, the extension of the pilot
until the earlier of the initial date of operations of the Regulation
NMS Plan to Address Extraordinary Market Volatility or February 4, 2014
would allow the pilot to continue to operate without interruption while
the Exchange and the Commission further assess the effect of the pilot
on the marketplace or whether other initiatives should be adopted in
lieu of the current pilot, which contributes to the protection of
investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes are
being made to extend the operation of the trading pause pilot until the
earlier of the initial date of operations of the Regulation NMS Plan to
Address Extraordinary Market Volatility or February 4, 2014 would allow
the pilot to continue to operate without interruption until
implementation of the Regulation NMS Plan to Address Extraordinary
Market Volatility, which contributes to the protection of investors and
the public interest. Other competing equity exchanges are subject to
the same trading pause requirements specified in the Plan. Thus, the
proposed changes will not impose any burden on competition while
providing trading pause requirements specified in the Plan.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which

it was filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\11\ 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 Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would allow the pilot program to continue uninterrupted. Accordingly,
the Commission hereby grants the Exchange's request and designates the
proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

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-NYSEMKT-2013-04 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-NYSEMKT-2013-04. 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 such 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 publicly available. All
submissions should refer to File Number SR-NYSEMKT-2013-04 and should
be submitted on or before February 25, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02287 Filed 2-1-13; 8:45 am]
BILLING CODE 8011-01-P