[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50801-50803]
[FR Doc No: 2011-20704]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65083; File No. SR-Phlx-2011-113]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Period of the Trading Pause for NMS Stocks

August 10, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 8, 2011, NASDAQ OMX PHLX LLC (``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot period of the trading
pause for individual stocks contained in the Standard & Poor's 500
Index, Russell 1000 Index, and specified Exchange Traded Products that
experience a price change of 10% or more during a five-minute period,
so that the pilot will now expire on January 31, 2012.
    The text of the proposed rule change is below. Proposed new
language is

italicized; proposed deletions are in brackets.
* * * * *

Rule 3100. Trading Halts on PSX

    (a) Authority to Initiate Trading Halts or Pauses.
    In circumstances in which the Exchange deems it necessary to
protect investors and the public interest, and pursuant to the
procedures set forth in paragraph (c):
    (1)-(3) No change.
    (4) If a primary listing market issues an individual stock trading
pause in any of the Circuit Breaker Securities, as defined herein, the
Exchange will pause trading in that security until trading has resumed
on the primary listing market. If, however, trading has not resumed on
the primary listing market and ten minutes have passed since the
individual stock trading pause message has been received from the
responsible single plan processor, the Exchange may resume trading in
such stock. The provisions of this paragraph (a)(4) shall be in effect
during a pilot set to end on January 31, 2012[the earlier of August 11,
2011 or the date on which a limit up/limit down mechanism to address
extraordinary market volatility, if adopted, applies]. During the
pilot, the term ``Circuit Breaker Securities'' shall mean any NMS
stock.
    (b)-(c) No change.
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On June 10, 2010, the Commission granted accelerated approval, for
a pilot period to end December 10, 2010, of proposed rule changes
submitted by the BATS Exchange, Inc., NASDAQ OMX BX, Inc., Chicago
Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc.,
EDGA Exchange, Inc., EDGX Exchange, Inc., International Securities
Exchange LLC, The NASDAQ Stock Market LLC (``NASDAQ''), New York Stock
Exchange LLC (``NYSE''), NYSE Amex LLC (``NYSE Amex''), NYSE Arca, Inc.
(``NYSE Arca''), and National Stock Exchange, Inc. (collectively, the
``Exchanges''), to pause trading during periods of extraordinary market
volatility in S&P 500 stocks.\3\ The rules require the Listing Markets
\4\ to issue five-minute trading pauses for individual securities for
which they are the primary Listing Market if the transaction price of
the security moves ten percent or more from a price in the preceding
five-minute period. The Listing Markets are required to notify the
other Exchanges and market participants of the imposition of a trading
pause by immediately disseminating a special indicator over the
consolidated tape. Under the rules, once the Listing Market issues a
trading pause, the other Exchanges are required to pause trading in the
security on their markets. On September 10, 2010, the Commission
approved the respective rule filings of the Exchanges to expand
application of the pilot to securities comprising the Russell 1000[reg]
Index and specified Exchange Traded Products.\5\
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    \3\ See Securities Exchange Act Release No. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010).
    \4\ The term ``Listing Markets'' refers collectively to NYSE,
NYSE Amex, NYSE Arca, and NASDAQ.
    \5\ See Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010).
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    In connection with its resumption of trading of NMS Stocks through
the NASDAQ OMX PSX system, the Exchange adopted Rule 3100(a)(4) so that
it could participate in the pilot program.\6\ On September 29, 2010,
the Exchange amended Rule 3100(a)(4) to include stocks comprising the
Russell 1000[reg] Index and specified Exchange Traded Products.\7\ On
December 7, 2010, the Exchange filed an immediately effective filing to
extend the existing pilot program for four months, so that the pilot
would expire on April 11, 2011.\8\ On March 31, 2011, the Exchange
filed an immediately effective filing to extend the pilot period an
additional four months, so that the pilot would expire on August 11,
2011 or the date on which a limit up/limit down mechanism to address
extraordinary market volatility, if adopted, applies.\9\ On June 23,
2011, the Commission approved the expansion of the pilot to all NMS
stocks, but with different pause-triggering thresholds.\10\
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    \6\ See Securities Exchange Act Release No. 62877 (September 9,
2010), 75 FR 56633 (September 16, 2010) (SR-Phlx-2010-79).
    \7\ See Securities Exchange Act Release No. 63004 (September 29,
2010), 75 FR 61547 (October 5, 2010) (SR-Phlx-2010-126).
    \8\ See Securities Exchange Act Release No. 63504 (December 9,
2010), 75 FR 78304 (December 15, 2010) (SR-Phlx-2010-174).
    \9\ See Securities Exchange Act Release No. 64175 (April 4,
2011), 76 FR 19823 (April 8, 2011) (SR-Phlx-2011-044).
    \10\ See Securities Exchange Act Release No. 64735 (June 23,
2011), 76 FR 38243 (June 29, 2011) (SR-Phlx-2011-064, et al.).
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    The Exchange believes that the pilot program has been successful in
reducing the negative impacts of sudden, unanticipated price movements
in the securities covered by the pilot. The Exchange also believes that
an additional extension of the pilot is warranted so that it may
continue to assess whether circuit breakers are the best means to
reduce the negative impacts of sudden, unanticipated price movements or
whether alternative mechanisms would be more effective in achieving
this goal.
    Accordingly, the Exchange is filing to further extend the pilot
program until January 31, 2012 and remove language from the rule
concerning the ``limit up/limit down'' mechanism.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Securities Exchange Act of 1934 (the ``Act''),\11\ which
requires the rules of an exchange 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 proposed rule change
also is designed to support the principles of Section 11A(a)(1) \12\ of
the Act in that it seeks to assure fair competition among brokers and
dealers and among exchange markets. The Exchange believes that the
proposed rule meets these requirements in that it promotes transparency
and uniformity across markets concerning decisions to pause trading in
a security when there are significant price movements.
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    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative 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 \15\ and Rule 19b-
4(f)(6)(iii) thereunder.\16\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \18\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding the investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change as operative upon filing.\19\
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    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form
    (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2011-113 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 No. SR-Phlx-2011-113. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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 available publicly. All
submissions should refer to File No. SR-Phlx-2011-113 and should be
submitted on or before September 6, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20704 Filed 8-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Page 4962]
[FR Doc No: 2020-01449]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-848-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization: Hampshire Power
Corporation

    This is a supplemental notice in the above-referenced proceeding of
Hampshire Power Corporation's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 11, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: January 22, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01449 Filed 1-27-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Notices]
[Page 52938-52939]
[DOCID:fr30au10-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-484-000]

ANR Pipeline Company; Notice of Request Under Blanket
Authorization

August 20, 2010.
    Take notice that on August 12, 2010, ANR Pipeline Company (ANR),
717 Texas Street, Houston, Texas 77002-2761, filed in Docket No. CP10-
484-000 an application, pursuant to sections 157.205 and 157.216(b) of
the Commission's Regulations under the Natural Gas Act (NGA), as
amended, for permission and approval to abandon by sale certain natural
gas facilities located between Eugene Island Blocks 307 and

305, offshore Louisiana, to Dynamic Offshore Resources NS, LLC
(Dynamic), a natural gas producer, under ANR's blanket certificate
issued in Docket No. CP82-480-000,\1\ all as more fully set forth in
the application which is on file with the Commission and open to the
public for inspection.
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    \1\ 20 FERC ] 62,595 (1982).
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    ANR proposes to abandon by sale approximately its Line 607 \2\
(4.41 miles of 16-inch diameter pipeline) and appurtenances, located in
Eugene Island Blocks 307, 306, and 305 to Dynamic, pursuant to their
June 10, 2010, Pipeline Repair and Purchase and Sale Agreement. ANR
states that it would cost an estimated $25,186,000 to replicate the
Line 607 facilities today and that no construction or removal of
facilities would be required in this proposal.
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    \2\ ANR constructed the Line 607 facilities, which connect to
ANR's Line 606, under authorization granted in Docket No. CP77-386-
000 [59 FPC 2164 (1977)].
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    ANR further states that upon abandonment of the Line 607
facilities, Dynamic intends to operate the facilities as non-
jurisdictional facilities and ANR further requests that the Commission
consider the Line 607 Facilities to be non-jurisdictional gathering not
subject to jurisdiction under Section 1(b) of the Natural Gas Act.
However, this specific jurisdictional status request is beyond the
scope of requests eligible for consideration under a blanket
certificate and the prior notice process. As discussed in Commission
Order No. 603-A, the Commission stated that ``* * * we clarify that
using either the automatic or prior notice authority of this section to
abandon facilities by sale to a third party does not address the
jurisdictional status of the facilities after the effective date of
abandonment. The acquiring party is still responsible for seeking a
determination, if one is desired, on the jurisdictional status of the
facilities.'' \3\
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    \3\ See Revision of Existing Regulations Under the Natural Gas
Act, Order No. 603-A, FERC Stats. & Regs. ] 31,081, at 30,936
(1999).
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    Any questions concerning this application may be directed to Rene
Staeb, Manager, Project Determinations & Regulatory Administration, ANR
Pipeline Company, 717 Texas Street, Houston, Texas 77002, or via
telephone at<PHONE_NUMBER>, facsimile<PHONE_NUMBER>, or e-mail rene_
<EMAIL_ADDRESS>    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for
TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefor, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to Section 7 of the NGA.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21466 Filed 8-27-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11777-11779]
[FR Doc No: 2011-4776]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0033; FRL-9275-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; EPA's ENERGY STAR[supreg] Product
Labeling (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before April 4, 2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2003-0033 to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Air and Radiation Docket,
Mailcode 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2) OMB by mail to: Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Attention: Desk Officer for EPA,
725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Christopher Kent, Climate Protection
Partnership Division, Office of Air and Radiation, Mailcode 6202J,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
343-2200; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 5, 2010 (75 FR 61481), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2003-0033, which is available for online viewing at
http://www.regulations.gov, or in person

viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air and Radiation Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: EPA's ENERGY STAR[supreg] Product Labeling (Renewal)
    ICR numbers: EPA ICR No. 2078.05, OMB Control No. 2060-0528.
    ICR Status: This ICR is scheduled to expire on March 31, 2011.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: ENERGY STAR is a voluntary program developed in
collaboration with industry to create a self-sustaining market for
energy efficient products. The center piece of the program is the
ENERGY STAR label, a registered certification label that helps
consumers identify products that save energy, save money, and help
protect the environment without sacrificing quality or performance. In
order to protect the integrity of the label and enhance its
effectiveness in the marketplace, EPA must ensure that products
carrying the label meet appropriate program requirements.
    The ENERGY STAR program has determined it necessary to shift from a
self-certification program to one in which we have an enhanced
qualification and verification process with all testing being done in
EPA recognized, accredited labs and partners participating in product
specific certification programs. These changes are an effort to
preserve the consumer confidence in the ENERGY STAR label and to
protect the significant value it offers program partners. EPA believes
that the new requirements will mean that leadership companies'
participation and the ENERGY STAR label will become even more
meaningful in the market. Maintaining the value of this brand requires
ensuring products labeled with the ENERGY STAR deliver on their promise
to the consumer. Beginning in January 2011, manufacturers must obtain
third party certification for new products labeled with the ENERGY STAR
mark. As with previous program requirements, program participants
submit signed Partnership Agreements indicating that they will adhere
to logo-use guidelines and that participating products meet specified
energy performance criteria based on a standard test method.
    As part of our contribution to the overall success of the program,
EPA has agreed to facilitate the sale of qualifying products by
providing consumers with easy-to-use information about the products. To
be effective, EPA and its relevant recognized certification body must
receive qualifying product information from participating
manufacturers. Partners need to provide qualifying information prior to
labeling so as to ensure that EPA information is recent and accurate.
The information will be compiled by the certification body which will
then provide EPA with the appropriate data so the product may be
incorporated into a complete qualifying products list per product
category, posted on the ENERGY STAR Web site, and supplied to those
purchasers who request it via phone, fax, or e-mail.
    In order to monitor progress and support the best allocation of
resources, EPA also asks manufacturers to submit annual shipment data
for their ENERGY STAR qualifying products. EPA is flexible as to the
methods by which manufacturers may submit unit shipment data. For
example, if manufacturers already submit this type of information to a
third party, such as a trade association, they are given the option of
arranging for shipment data to be sent to EPA via this third party to
avoid duplication of efforts and to ensure confidentiality. In using
any shipment data received directly from a partner, EPA will mask the
source of the data so as to protect confidentiality.
    Finally, Partners that wish to receive recognition for their
efforts in ENERGY STAR may submit an application for the Partner of the
Year Award.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 28
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Respondents for this information
collection request include Partners in ENERGY STAR. Partners are
product manufacturers.
    Estimated Number of Respondents: 2050.
    Frequency of Response: Initially/one-time and annually.
    Estimated Total Annual Hour Burden: 65,338 hours.
    Estimated Total Annual Cost: $4,344,125, that includes $32,543 in
Operations and Maintenance Costs.
    Changes in the Estimates: There is a decrease of 31,750 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. There are several reasons for the change in
reporting burden. EPA has changed the ENERGY STAR program from a self-
certification program to an enhanced qualification process with all
partners participating in product specific certification programs.
Partners no longer report directly to EPA to qualify their models but
instead work with third party certification bodies who will provide
EPA, on a regular basis, with a list of certified models that EPA will
post on our web site EPA increased the estimated number of

respondents for Partnership Agreements, Unit Shipment data, and Award
applications based on improved and updated data and analysis.

    Dated: February 25, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-4776 Filed 3-2-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Page 30931]
[FR Doc No: 2018-14196]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9980-14--Region 2]

Proposed CERCLA Cost Recovery Settlement for the Gowanus Canal
Superfund Site, Brooklyn, Kings County, New York

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA''),
notice is hereby given by the U.S. Environmental Protection Agency
(``EPA''), Region 2, of a proposed cost recovery settlement agreement
pursuant to CERCLA, with the Estate of Daniel Tinneny, Two Dans
Enterprises Ltd., Tinneny President Street LLC, Tinneny 323-325 LLC,
383 Carroll Street LLC, and 426 President Street LLC (collectively
``Settling Parties'') related to the Gowanus Canal Superfund Site
(``Site''), located in Brooklyn, Kings County, New York. This notice
informs the public of its opportunity to comment on the settlement.

DATES: Comments must be submitted on or before August 1, 2018.

ADDRESSES: Written comments should be addressed to the EPA employee
identified below. The proposed settlement is available for public
inspection at EPA Region 2 offices at 290 Broadway, New York, New York
10007-1866. Comments should reference the Gowanus Canal Superfund Site,
located in Brooklyn, Kings County, New York, Index No. II-CERCLA-02-
2018-2005. To request a copy of the proposed settlement agreement,
please contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Brian Carr, Attorney, Office of
Regional Counsel, New York/Caribbean Superfund Branch, U.S.
Environmental Protection Agency, 290 Broadway, 17th Floor, New York, NY
10007-1866. Email: [email protected], Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: EPA alleges that Settling Parties are
responsible parties pursuant to Section 107(a) of CERCLA, 42 U.S.C.
9607(a), and are jointly and severally liable for response costs
incurred or to be incurred at or in connection with the Site. Within 7
days of the Effective Date of this Settlement Agreement, Settling
Parties shall pay to the EPA Hazardous Substance Superfund the amount
of $164,400.00. The total amount paid by Settling Parties pursuant to
this Settlement Agreement shall be deposited in the Gowanus Canal
Special Account within the EPA Hazardous Substance Superfund to be
retained and used to conduct or finance response actions at or in
connection with the Site, or to be transferred by EPA to the EPA
Hazardous Substance Superfund.
    The settlement includes a covenant by EPA not to sue or to take
administrative action against the Settling Parties pursuant to Sections
106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), regarding the
Site. For thirty (30) days following the date of publication of this
notice, EPA will receive written comments relating to the settlement.
EPA will consider all comments received and may modify or withdraw its
consent to the settlement if comments received disclose facts or
considerations that indicate that the proposed settlement is
inappropriate, improper, or inadequate. EPA's response to any comments
received will be available for public inspection at EPA Region 2, 290
Broadway, New York, New York 10007-1866.

    Dated: June 11, 2018.
John Prince,
Acting Director, Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2.
[FR Doc. 2018-14196 Filed 6-29-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Page 9064]
[FR Doc No: 2022-03426]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0895]

Issuance of Priority Review Voucher; Material Threat Medical
Countermeasure Product

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of a priority review voucher to the sponsor of a material
threat medical countermeasure (MCM) product application. The Federal
Food, Drug, and Cosmetic Act (FD&C Act), as amended by the 21st Century
Cures Act (Cures Act), authorizes FDA to award priority review vouchers
to sponsors of approved material threat MCM product applications that
meet certain criteria. FDA is required to publish notice of the award
of the priority review voucher. COMIRNATY (COVID-19 Vaccine, mRNA) was
approved on August 23, 2020, and a license was issued to BioNTech
Manufacturing GmbH. FDA has determined that COMIRNATY (COVID-19
Vaccine, mRNA) meets the criteria for a material threat MCM priority
review voucher, which has been issued to BioNTech Manufacturing GmbH.

FOR FURTHER INFORMATION CONTACT: Myrna Hanna, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION: FDA is announcing the issuance of a material
threat MCM priority review voucher to the sponsor of an approved
material threat MCM product application. Under section 565A of the FD&C
Act (21 U.S.C. 360bbb-4a), which was added by the Cures Act (Pub. L.
114-255), FDA will award priority review vouchers to sponsors of
approved material threat MCM product applications that meet certain
criteria upon approval of those applications. FDA has determined that
COMIRNATY (COVID-19 Vaccine, mRNA) meets the criteria for a material
threat MCM priority review voucher, which has been issued to BioNTech
Manufacturing GmbH. COMIRNATY is indicated for active immunization to
prevent coronavirus disease 2019 (COVID-19) caused by severe acute
respiratory syndrome coronavirus 2 (SARS-CoV-2) in individuals 16 years
of age and older.
    For further information about the material threat MCM Priority
Review Voucher Program and for a link to the full text of section 565A
of the FD&C Act, go to https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/mcm-related-counterterrorism-legislation. For further information about COMIRNATY
(COVID-19 Vaccine, mRNA) go to the Center for Biologics Evaluation and
Research Approved Vaccine Products website at https://www.fda.gov/vaccines-blood-biologics/vaccines/approved-vaccine-products.

    Dated: February 11, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-03426 Filed 2-16-22; 8:45 am]
BILLING CODE 4164-01-P


 [Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Notices] [Pages 39485-39486] [FR Doc No: 2017-17455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81393; File No. SR-NYSE-2017-17]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order

Granting Approval of Proposed Rule Change To Provide Advance Notice of

Dividend or Stock Distribution Announcements to the Exchange

August 14, 2017.

I. Introduction

    On June 13, 2017, New York Stock Exchange LLC (``NYSE'' or the

``Exchange'') filed with the Securities and Exchange Commission

(``Commission''), pursuant to Section 19(b)(1) of the Securities

Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4

thereunder,\2\ a proposed rule change to amend the NYSE Listed Company

Manual (the ``Manual'') to require listed companies to provide notice

to the Exchange at least ten minutes before making any public

announcement with respect to a dividend or stock distribution,

including when the notice is outside of Exchange trading hours. The

proposed rule change was published for comment in the Federal Register

on June 30, 2017.\3\ The Commission received no comments regarding the

proposal. This order approves the proposed rule change.

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    \1\ 15 U.S.C. 78s(b)(1).

    \2\ 17 CFR 240.19b-4.

    \3\ See Securities Exchange Act Release No. 81021 (June 26,

2017), 82 FR 29966 (``Notice'').

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II. Description of the Proposal

    Currently, the Exchange's immediate news release policy, set forth

in Section 202.06 of the Manual, requires companies releasing material

news, between 7:00 a.m. and 4:00 p.m. Eastern Time to notify the

Exchange's Market Watch team by telephone at least ten minutes prior to

issuing their announcement and, when the announcement is in written

form, email a copy of the proposed announcement to Market Watch at

least ten minutes prior its release (``immediate news release

policy'').\4\ In its proposal, NYSE stated that listed companies

announcing dividend or stock distributions during the hours noted above

are required to comply with the immediate news release policy in

connection with such announcements.

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    \4\ See Sections 202.05 (Timely Disclosure of Material News) and

202.06 (Procedure for Public Release of Information; Trading Halts)

of the Manual.

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    In addition to announcing dividend or stock distributions publicly

pursuant to the immediate news release policy, listed companies are

also required to give prompt notice to the Exchange as to any dividend

action or action relating to a stock distribution in respect of a

listed stock (including the omission or postponement of a dividend

action at the customary time as well as the declaration of a dividend)

(``dividend or stock distribution notice'').\5\ The dividend or stock

distribution notice must be given to the Exchange at least ten days in

advance of the record date in accordance with the procedures set forth

in Section 204.00 (Notice to and Filing with the Exchange) of the

Manual.\6\ Section 204.12 further requires such dividend or stock

distribution notice to be given to the Exchange as soon as possible

after declaration and in any event, no later than simultaneously with

the announcement to the news media.\7\ Section 204.21 of the Manual

also requires listed companies to give prompt notice to the Exchange of

the fixing of a date for the taking of a record of shareholders, or for

the closing of transfer books (in respect of a listed security), for

any purpose.\8\

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    \5\ See Section 204.12 (Dividends and Stock Distributions) of

the Manual. Section 204.12 also sets forth specific requirements on

the information required to be in the dividend or stock distribution

notice to the Exchange.

    \6\ See id. See also Section 204.21 (Record Date) of the Manual.

Section 204.00(A) of the Manual requires that such notice must be

provided via a web portal or email address specified by the Exchange

on its Web site, except in emergency situations, when notification

may instead be provided by telephone and confirmed by facsimile as

specified by the Exchange on its Web site.

    \7\ See Section 204.12 of the Manual.

    \8\ See Section 204.21 (Record Date) of the Manual. The notice

must state the purpose(s) for which the record date has been fixed

and must be provided to the Exchange in accordance with Section

204.00. See also Section 204.12 of the Manual, supra note 5. and

Rule 10b-7 of the Securities Exchange Act of 1934. Rule 10b-17,

among other things, requires notice of a dividend to be given to a

national securities exchange no later than 10 days prior to the

record date. Id.

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    The Exchange proposes to amend Sections 204.12 and 204.21 of the

Manual to specify that notice of any dividend or stock distribution

required by Section 204.12, or the fixing of a record date with respect

to a dividend or stock distribution under Section 204.21, must be

provided to the Exchange at least ten minutes before its public

announcement to the news media, including when such announcement is

being made outside of Exchange trading hours.\9\ The Exchange also

proposes to amend Section 202.06(B) to explicitly state that listed

companies must comply with the immediate news release policy with

respect to all announcements relating to a dividend or stock

distribution. The Exchange notes that this change is a ``consistent

interpretation'' of its immediate news release policy.

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    \9\ The Exchange states that it intends to have its staff

available at all times to review dividend or stock distribution

notices immediately upon receipt, regardless of the time or date the

notices are received. See Notice, supra note 3, at 29967. The

Exchange staff will contact a listed company immediately if there is

a problem with its notification. Id.

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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule

change is consistent with the requirements of the Exchange Act and the

rules and regulations thereunder applicable to a national securities

exchange.\10\ In particular, the Commission finds that the proposed

rule change is consistent with Section 6(b)(5) of the Exchange Act,\11\

which requires, among other things, that the rules of a national

securities exchange be 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; and are not designed to permit

unfair discrimination between customers, issuers, brokers, or dealers.

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    \10\ In approving this proposal, the Commission has considered

the proposed rule's impact on efficiency, competition, and capital

formation. See 15 U.S.C. 78c(f).

    \11\ 15 U.S.C. 78f(b)(5).

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    The Commission believes that the proposed amendments to the Manual

are consistent with the protection of investors and the public interest

in accordance with Section 6(b)(5) of the Act in that the changes

should allow Exchange staff to resolve any rule compliance issues with

a listed company's dividend or stock distribution action prior its

public announcement. In this regard, the Commission notes that in

addition to requiring ten days advance notice of a record date, Section

204.12 of the Manual requires listed companies to provide specific

information in its notice to the Exchange concerning any dividend

action or action relating to stock distributions. This information is

important because, among other things, it provides information

concerning the record date, which determines when the stock will trade

on the Exchange ex-dividend or ex-distribution, as well as requirements

to set forth the brokers' cut off dates for determining full and

fraction share requirements after the record date. The Commission also

notes that Rule 10b-17 of the Exchange Act sets forth specific

information that must be provided by listed companies to the Exchange

in setting record dates for dividends and stock distributions.

    By requiring listed companies to provide the Exchange dividend or

stock distribution notices at least ten minutes prior to the public

announcement of a distribution, irrespective of the time of day (rather

than limited to the hours of 7:00 a.m. and 4:00 p.m. as in the current

rule), the Exchange should be able to address any concerns with the

content of such notifications (including the ten day advance notice

requirement), to ensure compliance with both Exchange and Commission

rules, consistent with investor protection and the public interest. In

addition, the proposed amendments are reasonably designed to reduce the

possibility for investor confusion in the marketplace resulting from

the dissemination of inaccurate or misleading dividend or stock

distribution information. Based on the above, the Commission finds that

the changes to Sections 204.12 and 202.21 of the Manual requiring ten

minutes advance notice of distributions prior to public announcements,

whatever time of day issued, is consistent with Section 6(b)(5) in that

it prevents fraudulent and manipulative act and practices as well as

promoting investor protection and the public interest. Finally, the

Commission finds that the proposed amendments to Section 202.06 of the

Manual are consistent with the Exchange Act in that they will provide

transparency and clarity to listed companies on the application of the

immediate news release policy to dividend or stock distribution

announcements.

    For the reasons discussed above, the Commission believes that the

proposed rule change is consistent with the Exchange Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the

Exchange Act,\12\ that the proposed rule change (SR-NYSE-2017-17) be,

and hereby is, approved.

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    \12\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,

pursuant to delegated authority.\13\

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

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Eduardo A. Aleman,

Deputy Secretary.

[FR Doc. 2017-17455 Filed 8-17-17; 8:45 am]

BILLING CODE 8011-01-P