[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22364-22368]
[FR Doc No: 2017-09713]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80630; File No. SR-NASDAQ-2017-043]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 4702 (Order Types)

May 9, 2017.
    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 April 26, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 amend Rule 4702 (Order Types) to modify
the behavior of Post-Only Orders in certain situations.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposal is to amend Rule 4702 (Order Types) to
modify the behavior of Post-Only Orders in certain situations.
    As stated in Rule 4702(b)(4)(A), a Post-Only order is designed to
have its price adjusted as needed to post to the Nasdaq Book in
compliance with Rule 610(d) under Regulation NMS by avoiding the
display of quotations that lock or cross any Protected Quotation in a
System Security during Market Hours, or to execute against locking or
crossing quotations in circumstances where economically beneficial to
the Participant entering the Post-Only Order.
    The purpose of this proposal is to provide members with the option
of cancelling their order if the price of the Post Only Order would
otherwise have its price adjusted. This functionality will apply when
(1) an incoming Post-Only Order locks or crosses a Protected Quotation;
(2) an adjusted Post-Only Order locks or crosses a displayed Order at
its displayed price on the Nasdaq Book; or (3) a Post-Only Order would
not lock or cross a Protected Quotation but would lock or cross a
displayed Order at its displayed price on the Nasdaq Book. This
functionality will be offered as a port setting and may be applied to
all orders entered under the same MPID for Orders entered through RASH,
QIX and FIX, or, in the case of market participants using the OUCH or
FLITE order entry protocol, may be applied to all Orders entered
through a specific order entry port and under the same MPID.
    The first change relates to incoming Post-Only Orders that lock or
cross a Protected Quotation. Currently, Rule 4702(b)(4)(A) states that,
if a Post-Only Order would lock or cross a Protected Quotation, the
price of the Order will first be adjusted. If the Order is
Attributable, its adjusted price will be one minimum price increment
lower than the current Best Offer (for bids) or higher than the current
Best Bid (for offers).\3\ If the Order is not Attributable, its
adjusted price will be equal to the current Best Offer (for bids) or
the current Best Bid (for offers). However, the Order will not post or
execute until the Order, as adjusted, is evaluated with respect to
Orders on the Nasdaq Book.
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    \3\ As set forth in Rule 4703(i), an Order with Attribution is
referred to as an ``Attributable Order'' and an Order without
attribution is referred to as a ``Non- Attributable Order.'' Rule
4703(i) defines Attribution as an Order Attribute that permits a
Participant to designate that the price and size of the Order will
be displayed next to the Participant's MPID in market data
disseminated by Nasdaq.
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    Nasdaq proposes to amend the behavior for both incoming Non-
Attributable and Attributable Post-Only Orders that lock or cross a
Protected Quotation on an away market center. In both cases, the Post-
Only Order may either be adjusted or be cancelled back to the
Participant, depending on the Participant's choice. However, the Post-
Only Order will execute if (i) it is priced below $1.00 and the value
of price improvement associated with executing against an Order on the
Nasdaq Book (as measured against the original limit price of the Order)
equals or exceeds the sum of fees charged for such execution and the
value of any rebate that would be provided if the Order posted to the
Nasdaq Book and subsequently provided liquidity, or (ii) it is priced
at $1.00 or more and the value of price improvement associated with
executing against an Order on the Nasdaq Book (as measured against the
original limit price of the Order) equals or exceeds $0.01 per share.
As with the current rule text, the price of the Order will first be
adjusted if the Participant elects to have the Post-Only Order
adjusted. Similarly, if the Order is Attributable, its adjusted price
will be one minimum price increment lower than the current Best Offer
(for bids) or higher than the current Best Bid (for offers). If the
Order is not Attributable, its adjusted price will be equal to the
current Best Offer (for bids) or the current Best Bid (for offers).
However, the Order will not post or execute until the Order, as
adjusted, is evaluated with respect to Orders on the Nasdaq Book.
    In addition to offering the new cancel functionality where an
incoming Post-Only Order locks or crosses a Protected Quotation on an
away market center, Nasdaq is proposing to amend Rule 4702(b)(4)(A) to
state when that Order would execute, as described above. Nasdaq is
making this change because it believes that the instances pursuant to
which a locking or crossing Post-Only order will execute in other
scenarios (such as a Post-Only Order that locks or crosses a displayed
Order at its displayed price on the Nasdaq Book) also apply here, e.g.,
the execution of the Post-Only Order would be economically beneficial
to the participant that entered the Order while contributing to the
price discovery process.\4\
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    \4\ With this change, Nasdaq is not adding a new functionality
to Post-Only Orders where the incoming Post-Only Order locks or
crosses a Protected Quotation on an away market center, but is
rather clarifying the instances in which the Post-Only Order in this
scenario will execute.
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    The second change relates to the adjusted price of the Post-Only
Order if that price would lock or cross a displayed Order at its
displayed price on the Nasdaq Book. Currently, Rule 4702(b)(4)(A)
states that, if the adjusted price of the Post-Only Order would lock or
cross a displayed Order at its displayed price on the Nasdaq Book, the
Post Only Order will be repriced, ranked, and displayed at one minimum
price increment below the current best displayed price to sell on the
Nasdaq Book (for bids) or above the current best displayed price to buy
on the Nasdaq Book (for offers). However, the Post-Only Order will
execute if (i) it is priced below $1.00 and the value of price
improvement associated with executing against an Order on the Nasdaq
Book (as measured against the original limit price of the Order) equals
or exceeds the sum of fees charged for such execution and the value of
any rebate that would be provided if the Order posted to the Nasdaq
Book and subsequently provided liquidity, or (ii) it is priced at $1.00
or more and the value of price improvement associated with executing
against an Order on the Nasdaq Book (as measured against the original
limit price of the Order) equals or exceeds $0.01 per share.
    Nasdaq proposes to amend this provision to allow the Post-Only
Order to either be adjusted or be cancelled back to the Participant in
this scenario, depending on the Participant's choice. As with the
current language of this section, however, the Post-Only Order will
execute if (i) it is priced below $1.00 and the value of price
improvement associated with executing against an Order on the Nasdaq
Book (as measured against the original limit price of the Order) equals
or exceeds the sum of fees charged for such execution and the value of
any rebate that would be provided if the Order posted to the Nasdaq
Book and subsequently

provided liquidity, or (ii) it is priced at $1.00 or more and the value
of price improvement associated with executing against an Order on the
Nasdaq Book (as measured against the original limit price of the Order)
equals or exceeds $0.01 per share. If the Participant elects to have
the Post-Only Order adjusted, the Order will continue to be treated as
specified today in the Rule, so that the Post Only Order will be
repriced, ranked, and displayed at one minimum price increment below
the current best displayed price to sell on the Nasdaq Book (for bids)
or above the current best displayed price to buy on the Nasdaq Book
(for offers).
    The third change relates to a Post-Only Order that would not lock
or cross a Protected Quotation but would lock or cross a displayed
Order at its displayed price on the Nasdaq Book. Currently, Rule
4702(b)(4)(A) states that such an Order will be repriced, ranked, and
displayed at one minimum price increment below the current best-priced
Order to sell on the Nasdaq Book (for bids) or above the current best-
priced Order to buy on the Nasdaq Book (for offers). However, the Post-
Only Order will execute if (i) it is priced below $1.00 and the value
of price improvement associated with executing against an Order on the
Nasdaq Book equals or exceeds the sum of fees charged for such
execution and the value of any rebate that would be provided if the
Order posted to the Nasdaq Book and subsequently provided liquidity, or
(ii) it is priced at $1.00 or more and the value of price improvement
associated with executing against an Order on the Nasdaq Book equals or
exceeds $0.01 per share.
    Nasdaq proposes to amend this provision so that the Order may
either be adjusted or be cancelled back to the Participant, depending
on the Participant's choice. However, the Post-Only Order will execute
if (i) it is priced below $1.00 and the value of price improvement
associated with executing against an Order on the Nasdaq Book (as
measured against the original limit price of the Order) equals or
exceeds the sum of fees charged for such execution and the value of any
rebate that would be provided if the Order posted to the Nasdaq Book
and subsequently provided liquidity, or (ii) it is priced at $1.00 or
more and the value of price improvement associated with executing
against an Order on the Nasdaq Book (as measured against the original
limit price of the Order) equals or exceeds $0.01 per share. If the
Participant elects to have the Post Only Order adjusted, the Post Only
Order will be repriced, ranked, and displayed at one minimum price
increment below the current best-priced Order to sell on the Nasdaq
Book (for bids) or above the current best-priced Order to buy on the
Nasdaq Book (for offers).
    Finally, Nasdaq is proposing to make a corresponding change to the
provision in Rule 4702(b)(4)(A) relating to the treatment of Post-Only
Orders during the Pre-Market and Post-Market Hours. Currently, that
provision states that, during Pre-Market and Post-Market Hours, a Post-
Only Order will be processed in a manner identical to Market Hours with
respect to locking or crossing Orders on the Nasdaq Book, but will not
have its price adjusted with respect to locking or crossing the
quotations of other market centers. Nasdaq is proposing to amend this
language to provide that a Post-Only Order that locks or crosses the
quotation of another market center during the Pre-Market and Post-
Market Hours will not be cancelled or have its price adjusted. The
purpose of the proposed functionality is to allow a member to cancel
its Post-Only Order in various circumstances rather than have that
Order adjusted. To the extent that a Post-Only Order will not have its
price adjusted if it locks or crosses the quotation of another market
center during the Pre-Market or Post-Market Hours, there is not a need
to offer the corresponding cancel functionality.
    With these changes, the Exchange is providing members with an added
functionality by allowing a member to cancel a Post-Only Order when (1)
an incoming Post-Only Order locks or crosses a Protected Quotation; (2)
an adjusted Post-Only Order locks or crosses a displayed Order at its
displayed price on the Nasdaq Book; and (3) a Post-Only Order would not
lock or cross a Protected Quotation but would lock or cross a displayed
Order at its displayed price on the Nasdaq Book, while still setting
forth instances in which the Order will execute. Nasdaq notes that the
proposed change only relates to situations where a Post-Only Order
would lock or cross displayed interest.
    The proposed functionality is consistent with functionalities that
are currently offered by other exchanges. For example, Bats BZX
Exchange, Inc. (``BZX'') also offers a Post Only order type,\5\ and
allows users to select a functionality that will cancel a Post Only
Order if, upon entry, such order would create a violation of Rule
610(d) of Regulation NMS by crossing a Protected Quotation of an
external market, rather than adjusting the price of that order.\6\ BZX
also provides that any display-eligible Post-Only or Partial Post-Only
Order that locks or crosses a Protected Quotation displayed by the
Exchange upon entry will be executed pursuant to Rule 11.9(c)(6) or
Rule 11.9(c)(7), as applicable, or cancelled.\7\
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    \5\ See BZX Rule 11.9(c)(6). That rule defines a Post Only Order
as an order that is to be ranked and executed on BZX pursuant to
Rule 11.12 and Rule 11.13(a)(4) or cancelled, as appropriate,
without routing away to another trading center except that the order
will not remove liquidity from the BZX Book, other than as described
elsewhere in Rule 11.9.
    \6\ See BZX Rule 11.9(g)(1)(A); see also Securities Exchange Act
Release No. 67657 (August 14, 2012), 77 FR 50199 (August 20, 2012)
(SR-BATS-2012-35).
    \7\ See BZX Rule 11.9(g)(1)(D); see also Securities Exchange Act
Release No. 67657 (August 14, 2012), 77 FR 50199 (August 20, 2012)
(SR-BATS-2012-35).
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    Similarly, Bats EDGX Exchange, Inc. (``EDGX'') provides that, if a
Limit Order would lock or cross a protected quotation if displayed at
its limit price at the time of entry into the EDGX system, the user may
elect to have the order immediately cancel back.\8\
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    \8\ See EDGX Rule 11.8(b)(10); see also Securities Exchange Act
Release No. 72676 (July 24, 2014), 79 FR 44520 (July 31, 2014) (SR-
EDGX-2014-18).
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    Nasdaq believes that this proposal will benefit liquidity providers
and the market in general by, among other things, providing members
with greater flexibility when managing their order flow, and thereby
promoting the more efficient execution of orders. Market makers and
liquidity providers are essential to displayed price formation on
exchanges. The proposal seeks to provide market participants, including
market makers and liquidity providers, additional flexibility with
which to handle their orders. In some circumstances, a market maker may
have its order prices adjusted due to locking or crossing an away
market price (i.e., the displayed NBBO without Nasdaq) or it may have
its order price adjusted due to locking or crossing a displayed order
on the Nasdaq order book. In many cases, these liquidity providers do
not want to have their price adjusted and would rather have their order
cancelled so that they can reevaluate the market conditions at the
time. Today, the market maker may therefore cancel its bid or offer
once it has determined that the Exchange has repriced the order. Going
forward, in support of efficient markets that drive price formation and
price discovery via continuous trading, the Exchange believes that
providing the flexibility when an incoming order would lock or cross an
away displayed price or a displayed order on the Nasdaq book will
increase efficiency and reduce message

traffic both internal to the Exchange and for external data feed
consumers.
    The Exchange intends to implement this functionality on or before
June 30, 2017. The Exchange will announce the new implementation date
by an Equity Trader Alert, which shall be issued prior to the
implementation date.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ in particular, in that it is designed 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 is proposing to add a new functionality
(cancelling a Post-Only Order instead of adjusting its price) that is
not currently available on the Exchange, and that is consistent with
functionalities that are currently offered by other exchanges. The
Exchange believes that this new functionality is consistent with the
Act because, as discussed above, it will provide members with greater
flexibility when managing their order flow, which will promote the more
efficient execution of orders. The proposal is also consistent with the
stated intent of the Post-Only Order, which is to avoid the display of
quotations that would lock or cross a Protected Quotation. Finally,
Nasdaq believes that amending Rule 4702(b)(4)(A) to specify when an
incoming Post-Only Order that locks or crosses a Protected Quotation on
an away market center would execute is consistent with the Act because,
as with other the instances pursuant to which a locking or crossing
Post-Only order will execute, the execution of the Post-Only Order
would be economically beneficial to the participant that entered the
Order while contributing to the price discovery process.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Post-Only Order is an
optional order type that is available for entry through multiple Nasdaq
order entry protocols. No member is required to use any specific Order
type or attribute or even to use any Exchange Order type or attribute
or any Exchange functionality at all. If an Exchange member believes
for any reason that the proposed rule change will be detrimental, that
perceived detriment can be avoided by choosing not to enter or interact
with the Order types modified by this proposed rule change. The
proposed changes will provide members with a functionality that is not
currently available on the Exchange, and that is consistent with
functionalities that are currently offered by other exchanges. The
proposed changes will apply equally to all Orders that meet the
proposed criteria. This functionality will facilitate the more
efficient execution of order flow, which could increase the Exchange's
market quality and thereby promote competition by attracting additional
liquidity to the Exchange.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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 Number SR-NASDAQ-2017-043 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2017-043. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2017-043 and should
be submitted on or before June 5, 2017.

    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,
Assistant Secretary.
[FR Doc. 2017-09713 Filed 5-12-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29757-29758]
[FR Doc No: 2011-12554]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0001]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Health and Diet
Survey

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June
22, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0545.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Health and Diet Survey--(OMB Control Number 0910-0545)--Extension

    FDA is seeking extension of OMB approval for the Health and Diet
Survey, which is a voluntary consumer survey intended to gauge and
track consumer attitudes, awareness, knowledge, and behavior regarding
various topics related to health, nutrition, and physical activity. The
authority for FDA to collect the information derives from FDA's
Commissioner of Food and Drugs authority provided in section 903(d)(2)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393(d)(2)).
    The survey consists of two independent data collection activities.
One collection, entitled ``Health and Diet Survey--General Topics,''
tracks a broad range of consumer attitudes, awareness, knowledge, and
self-reported behaviors related to key diet and health issues. The
other collection, entitled ``Health and Diet Survey--Dietary Guidelines
Supplement,'' will provide FDA with updated information about consumer
attitudes, awareness, knowledge, and behavior regarding various
elements of nutrition and physical activity based on the key
recommendations of the Dietary Guidelines for Americans, which are
jointly issued by the Department of Health and Human Services and the
U.S. Department of Agriculture every 5 years.
    The information to be collected with the Health and Diet Survey--
General Topics will include: (1) Awareness of diet-disease
relationships, (2) food and dietary supplement label use, (3) dietary
practices including strategies to lose or maintain weight, and (4)
awareness and knowledge of dietary fats. This survey has been repeated
approximately every 3 years over the course of the past several years
for the purpose of tracking changes and trends in public opinions and
consumer behavior, with some new questions added or omitted or
partially modified each iteration in response to current events. In the
next 3 years, FDA plans to field the Health and Diet Survey--General
Topics in 2012 and anticipates that it might have the need for
additional iterations in 2014. The information to be collected with the
Health and Diet Survey--Dietary Guidelines Supplement will include: (1)
Awareness and sources of information, (2) attitudes toward diet and
physical activity, and (3) practice and knowledge related to
recommended behaviors. The survey will also ask about perceptions and
use of Federal nutrition information, special diet, weight status,
health status, and demographics. In the next 3 years, FDA anticipates
to field the Health and Diet Survey--Dietary Guidelines Supplement in
2011-2012.
    FDA and other Federal Agencies will use the information from the
Health and Diet Survey to evaluate and develop strategies and programs
to encourage

and help consumers adopt healthy lifestyles. The information will also
help FDA and other Federal Agencies evaluate and track consumer
awareness and behavior as outcome measures of their achievement in
improving public health.
    Description of Respondents: The respondents are adults, age 18 and
older, drawn from the 50 States and the District of Columbia.
Participation will be voluntary.
    FDA bases its estimate of the number of respondents and the hours
per response on its experience with previous Health and Diet Surveys.
Prior to the administration of the Health and Diet Survey--General
Topics, the Agency plans to conduct a pretest to identify and resolve
potential problems. The pretest will be conducted with 27 participants;
we estimate that it will take a respondent 15 minutes (0.25 hours) to
complete the pretest, for a total of 6.75 hours, rounded to 7. The
Agency will use a screener to select an eligible adult respondent in
each household to participate in the survey. For the Health and Diet
Survey--General Topics data collection activity, a total of 10,000
individuals in the 50 States and the District of Columbia will be
screened by telephone. We estimate that it will take a respondent 1
minute (0.02 hours) to complete the screening, for a total of 200
hours. We estimate that 3,000 eligible adults will participate in the
survey, each taking 15 minutes (0.25 hours), for a total of 750 hours.
For the Health and Diet Survey--Dietary Guidelines Supplement data
collection activity, 4,000 individuals in the 50 States and the
District of Columbia will be screened by telephone. We estimate that it
will take a respondent 1 minute (0.02 hours) to complete the screening
questions, for a total of 80 hours. Of these respondents, 1,200 will
complete the survey. We estimate that it will take a respondent 13
minutes (0.22 hours) to complete the entire survey, for a total of 264
hours. Thus, the total estimated burden is 1,301 hours.
    In the Federal Register of January 7, 2011 (76 FR 1168), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received two comments in response to the
30-day notice. The letters contained comments outside the scope of the
four collection of information topics on which the notice solicits
comments and, thus, will not be addressed here.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                                Number of                       Average burden
                              Activity                                  Number of      responses per     Total annual     per response     Total hours
                                                                       respondents       respondent       responses      (in hours) \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Topics: Pretest............................................               27                1               27            15/60                7
General Topics: Screener...........................................           10,000                1           10,000             1/60              200
General Topics: Survey.............................................            3,000                1            3,000            15/60              750
Dietary Guidelines Supplement: Screener............................            4,000                1            4,000             1/60               80
Dietary Guidelines Supplement: Survey..............................            1,200                1            1,200            13/60              264
                                                                    ------------------------------------------------------------------------------------
    Total..........................................................  ...............  ...............  ...............  ...............            1,301
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Burden estimates of less than 1 hour are expressed as a fraction of an hour in the form ``[number of minutes per response]/60''.

    Dated: May 12, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-12554 Filed 5-20-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27163-27165]
[FR Doc No: 2022-09797]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0357]

Pharmacy Compounding Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Pharmacy Compounding Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held on June 8, 2022, from 9:30 a.m. to 5:15
p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions about FDA advisory committee meetings may be
accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2021-N-0357. The docket will close on June 7,
2022. Submit either electronic or written comments on this public
meeting by June 7, 2022. Please note that late, untimely filed comments
will not be considered. Electronic comments must be submitted on or
before June 7, 2022. The https://www.regulations.gov electronic filing
system will accept comments until 11:59 p.m. Eastern Time at the end of
June 7, 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.
    Comments received on or before May 24, 2022, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for

information submitted, marked and identified, as confidential, if
submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-0357 for ``Pharmacy Compounding Advisory Committee; Notice
of Meeting; Establishment of a Public Docket; Request for Comments.''
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.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information 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 the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Takyiah Stevenson, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 240-
402-2507, Fax:<PHONE_NUMBER>, email: [email protected]; or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last-
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the FDA's website at
https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Background: Section 503A of the Federal Food, Drug, and Cosmetic
Act (FD&C Act) (21 U.S.C. 353a) describes the conditions that must be
satisfied for human drug products compounded by a licensed pharmacist
in a State licensed pharmacy or a Federal facility, or a licensed
physician, to be exempt from the following three sections of the FD&C
Act: (1) Section 501(a)(2)(B) (21 U.S.C. 351(a)(2)(B)) (concerning
current good manufacturing practice); (2) section 502(f)(1) (21 U.S.C.
352(f)(1)) (concerning the labeling of drugs with adequate directions
for use); and (3) section 505 (21 U.S.C. 355) (concerning the approval
of human drug products under new drug applications (NDAs) or
abbreviated new drug applications (ANDAs)).
    Section 503B of the FD&C Act describes the conditions that must be
satisfied for drug products compounded in an outsourcing facility to be
exempt from: (1) Section 502(f)(1), (2) section 505, and (3) section
582 (21 U.S.C. 360eee-1) (concerning drug supply chain security
requirements) of the FD&C Act.
    One of the conditions that must be satisfied for a drug product to
qualify for the exemptions under section 503A of the FD&C Act is that
the licensed pharmacist or licensed physician compounds the drug
product using bulk drug substances (as defined in 21 CFR 207.3) that:
(1) Comply with the standards of an applicable United States
Pharmacopoeia (USP) or National Formulary monograph, if a monograph
exists, and the USP chapter on pharmacy compounding; (2) if an
applicable monograph does not exist, are drug substances that are
components of drugs approved by the Secretary of Health and Human
Services (the Secretary); or (3) if such a monograph does not exist and
the drug substance is not a component of a drug approved by the
Secretary, that appear on a list developed by the Secretary through
regulations issued by the Secretary under section 503A(c) of the FD&C
Act (the 503A Bulks List) (see section 503A(b)(1)(A)(i) of the FD&C
Act).
    One of the conditions that must be satisfied to qualify for the
exemptions under section 503A or section 503B of the FD&C Act is that
the drug that is compounded does not appear on a list published by the
Secretary of drugs that have been withdrawn or removed from the market
because such drug products or components of such drug products have
been found to be unsafe or not effective (Withdrawn or Removed List)
(see sections 503A(b)(1)(C) and 503B(a)(4) of the FD&C Act). The
Withdrawn or Removed List is codified at 21 CFR 216.24.
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The committee
will discuss the following four bulk drug substances nominated for
inclusion on the 503A Bulks List: Ammonium tetrathiomolybdate,
enclomiphene citrate, ferric subsulfate, and glutathione. The chart
below identifies the use(s) FDA reviewed for each of the four bulk drug
substances being discussed at this advisory committee meeting. The
nominators of these substances or another interested party will be
invited to make a short presentation supporting the nomination.

------------------------------------------------------------------------
             Bulk drug substance                     Uses evaluated
------------------------------------------------------------------------
Ammonium Tetrathiomolybdate..................  Wilson disease, use as
                                                copper (Cu) chelation
                                                therapy for the
                                                treatment of breast
                                                cancer, kidney cancer,
                                                prostate cancer,
                                                colorectal cancer,
                                                esophageal cancer, and
                                                malignant pleural
                                                mesothelioma.
Enclomiphene Citrate.........................  To increase serum
                                                testosterone,
                                                luteinizing hormone
                                                (LH), and follicle-
                                                stimulating hormone
                                                (FSH) to normal levels
                                                in the treatment of
                                                secondary hypogonadism.
Ferric Subsulfate............................  For use as an astringent
                                                and hemostatic agent
                                                during minor surgical
                                                procedures.

Glutathione..................................  Skin lightening, cystic
                                                fibrosis, asthma,
                                                chronic obstructive
                                                pulmonary disease,
                                                chronic lung disease,
                                                oxidative stress,
                                                reduction of the side
                                                effects of chemotherapy,
                                                inhibition of chemical
                                                induced carcinogenesis,
                                                prevention of radiation
                                                injury, treatment of
                                                heavy metal poisoning
                                                (cadmium and mercury),
                                                acetaminophen toxicity,
                                                autism spectrum
                                                disorder, Alzheimer's
                                                disease, Parkinson's
                                                disease, major
                                                depressive disorder,
                                                schizophrenia,
                                                helicobacter pylori
                                                infection, human
                                                immunodeficiency virus
                                                infection, tuberculosis,
                                                otitis media, peripheral
                                                obstructive arterial
                                                disease, anemia,
                                                diabetes, and septic
                                                shock.
------------------------------------------------------------------------

    The committee will also discuss revisions FDA is considering to the
Withdrawn or Removed List. FDA now is considering whether to amend the
rule to add one more entry to the list: Lorcaserin Hydrochloride: All
drug products containing lorcaserin hydrochloride. As previously
explained in the Federal Register of July 2, 2014 (79 FR 37687 at 37689
through 37690), the list may specify that a drug may not be compounded
in any form, or, alternatively, may expressly exclude a particular
formulation, indication, dosage form, or route of administration from
an entry on the list. Moreover, a drug may be listed only with regard
to certain formulations, indications, routes of administration, or
dosage forms because it has been found to be unsafe or not effective in
those particular formulations, indications, routes of administration,
or dosage forms. FDA plans to seek the committee's advice concerning
the inclusion of this drug on the list.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before May 24, 2022, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 10:35 a.m. to 10:50 a.m., 12:15 p.m. to 12:30 p.m., 2:25
p.m. to 2:40 p.m., 3:45 p.m. to 4 p.m., and 4:50 p.m. to 5:05 p.m.
Eastern Time. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before May 16, 2022. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by May 17,
2022.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Takyiah Stevenson (see FOR FURTHER INFORMATION CONTACT) at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 3, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-09797 Filed 5-5-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Notices]
[Pages 17194-17195]
[FR Doc No: 2013-06333]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2744-043]

North East Wisconsin Hydro, LLC: Notice of Application Tendered
for Filing With the Commission, Soliciting Additional Study Requests,
and Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New license.
    b. Project No.: P-2744-043.
    c. Date filed: February 28, 2013.
    d. Applicant: North East Wisconsin Hydro, LLC.
    e. Name of Project: Menominee--Park Mill Hydroelectric Project.
    f. Location: On the Menominee River in Marinette County, Wisconsin
and in Menominee County, Michigan. The project does not affect federal
lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Scott Klabunde, North American Hydro
Holdings, LLC, P.O. Box 167, 116 North State Street, Neshkoro, WI
54960-0167; or at<PHONE_NUMBER>.
    i. FERC Contact: Lee Emery at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the

preparation of the environmental document should follow the
instructions for filing such requests described in item l below.
Cooperating agencies should note the Commission's policy that agencies
that cooperate in the preparation of the environmental document cannot
also intervene. See, 94 FERC ] 61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: April 29, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    m. The application is not ready for environmental analysis at this
time.
    n. The existing Menominee--Park Mill Hydroelectric Project consists
of two existing developments: Menominee and Park Mill. The Park Mill
Development is located about 1 mile upstream of the Menominee
Development.
    The Menominee Development consists of: (1) A 466.5-foot-long, 24-
foot-high existing concrete gravity dam with a normal operating head of
12 feet; (2) an impoundment with a normal operating elevation of 594.0
feet mean sea level (msl) and a surface area of 143 acres; (3) a 204-
foot-long concrete and brick powerhouse integral with the dam and
located on the Michigan side of the river; (4) two Kaplan turbine units
each connected to a 0.458-megawatt (MW) generator and two Kaplan
turbine units each connected to a 0.662-MW generator for a combined
installed capacity of 2.240 MW; (5) an above ground 24.9-kilovolt (kV)
transmission line that connects the project substation to the local
utility distribution lines; and (6) other appurtenant facilities.
    The Park Mill Development consists of: (1) A 538.58-foot-long, 22-
foot-high existing concrete gravity dam with a normal operating head of
16 feet; (2) an impoundment with a normal operating elevation of 610.0
feet msl and a surface area of 539 acres; (3) a 2,400-foot long intake
headrace canal; (4) a 138-foot-long stone and brick powerhouse located
on the Wisconsin side of the river; (5) one Kaplan turbine unit
connected to a 0.225-MW generator, two Francis turbine units each
connected to a 0.420-MW generator, two Kaplan turbine units each
connected to a 0.430-MW generator, and one Kaplan turbine unit
connected to a 0.450-MW generator for a combined installed capacity of
2.375 MW; (6) an above ground 24.9-kV transmission line that connects
the project substation to the local utility distribution lines; and (7)
other appurtenant facilities.
    The project operates in a run-of-river mode. The average annual
generation for the project is about 30,455 megawatt-hours.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room 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 field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are initiating consultation with the
Michigan State Historic Preservation Officer, as required by section
106 of the National Historic Preservation Act, and the regulations of
the Advisory Council on Historic Preservation, 36 CFR 800.4.
    q. Procedural schedule and final amendments: The application will
be processed according to the following preliminary Hydro Licensing
Schedule. Revisions to the schedule will be made as appropriate.

Issue Notice of Acceptance May 2013
Issue Scoping Document 1 for comments June 2013
Comments due on Scoping Document 1 July 2013
Issue notice of ready for environmental analysis September 2013
Issue Environmental Assessment (EA) April 2014
Comments due on EA May 2014

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: March 13, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-06333 Filed 3-19-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5617-5618]
[DOCID:fr30ja08-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57194; File No. SR-NSCC-2007-16]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change as Modified by Amendment Nos. 1 and 2 To Provide
Clarification With Respect to the Correspondent Clearing Service and To
Make Technical Changes to the Rules and Procedures Relative to Trade
Recording and Special Representative Services

January 24, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 18, 2007, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') and on January 15,
2008, and on January 22, 2008, amended the proposed rule change
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 parties.
---------------------------------------------------------------------------

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

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

    The purpose of the proposed rule change is to: (1) Clarify the
appropriate use of NSCC's Correspondent Clearing Service and (2) make
technical corrections, clarification, and organizational changes
relative to its Trade Recording and Special Representative Services.

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 these
statements.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

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

    The purpose of the proposed rule change is to: (1) Clarify the
appropriate use of NSCC's Correspondent Clearing Service and (2) make
technical corrections, clarification, and organizational changes
relative to its Trade Recording and Special Representative Services.
1. Clarification of Correspondent Clearing Service
    NSCC is modifying its Procedure IV (Special Representative Service)
to clarify the appropriate use of the Correspondent Clearing Service.
    The Correspondent Clearing Service is designed to provide an
automated vehicle by which a Member, acting as a Special
Representative, may move a position that it has in the process of
clearance at NSCC to the account of another Member (its correspondent)
on whose behalf the original trade was executed. The Correspondent
Clearing Service is not a mechanism for original trade submission.\3\
For example, Member A that sold securities for Member B (its
correspondent) on the NYSE would have the sell side of the transaction
submitted by the NYSE in the normal Trade Recording Operation thereby
incurring a CNS obligation to deliver the shares sold. Acting as
Special Representative for its correspondent Member B, Member A would
submit transaction data showing itself as the buyer of those securities
and its correspondent Member B as the seller. As a result, Member A
would net out in the CNS System (its sell side netting against its buy
side) and its correspondent Member B would incur a CNS obligation to
deliver. In other words, the service provides for the correspondent's
obligation to be substituted for that of the Special Representative.
---------------------------------------------------------------------------

    \3\ The term ``original trade'' is used here solely to
distinguish between a trade executed in the marketplace by the
Special Representative and a transaction booked for accounting
purposes to accommodate the movement of positions between Members as
permitted in Procedure IV (Special Representative Service).
---------------------------------------------------------------------------

    The Correspondent Clearing Service was not designed as a mechanism
to permit a Special Representative, acting as a Qualified Special
Representative (``QSR''), to submit original locked-in trade data, and
it should not be used as such. A QSR is a Member that either (i)
operates an automated execution system where it is always the contra-
side of every trade, (ii) is the parent or affiliate of an entity
operating such an automated system, where it is the contra-side of
every trade, or (iii) clears for a broker-dealer that operates such a
system, and the subscribers to the system acknowledge the clearing
Member's role in the clearance and settlement of these trades.
    Accordingly, the proposed revisions provide that the Correspondent
Clearing Service may only be used in the following situations: (1) To
accommodate a Member with multiple affiliate accounts that wishes to
move a position resulting from an ``original trade'' in the process of
clearance from one affiliate account to another and (2) to accommodate
a Member that relies on its Special Representative to execute a trade
in a market that the Member is precluded from due either to membership
requirements (e.g., membership requirement for access to markets) or
applicable regulation, in order that the resulting position be moved
from the Special Representative to that Member (including direct market
access offsets).
2. Technical Corrections
     At this time, as part of updating its Rules and Procedures
relative to the Trade Recording and Special Representative Services,
NSCC is making certain technical corrections, clarifications, and
organizational changes to:
    (1) Rule 7, including moving the definitions of ``Special
Representative,'' ``Qualified Special Representative,'' and ``Index
Receipt Agent'' from Rule 39 (where they currently appear) to Rule 7
(where these terms are first used) and renumbering the rules
accordingly; and
    (2) Procedure II (Trade Comparison and Recording Service) to (i)
add clarifying language to the introductory paragraph to describe the
procedure used by NSCC to confirm locked-in trade data and (ii) add
back language relating to receipt of locked-in trade data from QSRs
that was inadvertently deleted in error in rule change SR-NSCC SR-2003-
12.\4\
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 48141 (July 8, 2003), 68
FR 42153 [File No. SR-NSCC-2003-12].
---------------------------------------------------------------------------

     NSCC believes that the proposed rule change is consistent with the
requirements of Section 17A(b)(3)(A) of the Act \5\ and the rules and
regulations thereunder applicable to NSCC because it should better
enable NSCC to facilitate the prompt and accurate clearance and
settlement of securities transactions by clarifying the purpose of its
Correspondent Clearing Service and by making needed changes to its
Trade

Recording and Special Representative Services.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

     NSCC does not believe that the proposed rule change will have any
impact on or impose any burden on competition.

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

     No written comments relating to the proposed rule change have been
solicited or received. NSCC will notify the Commission of any written
comments received by NSCC.

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

     The foregoing rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(i) of the Act \6\ and Rule 19b-4(f)(1)
\7\ thereunder because the proposed rule change constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule. At any time within
sixty days of the filing of the proposed rule changes, the Commission
may summarily abrogate such rule changes 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.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(i).
    \7\ 17 CFR 240.19b-4(f)(1).
    \8\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on January 22, 2008, the date on which the last
amendment to the proposed rule change was filed with the Commission.
15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
), or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NSCC-2007-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2007-16. 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 changes that are
filed with the Commission, and all written communications relating to
the proposed rule changes between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 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 filings also will be available for
inspection and copying at the principal office of NSCC and on NSCC's
Web site at http://www.nscc.com/legal/. All comments received will be

posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSCC-2007-16 and should be submitted on
or before February 20, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 cfr 200.303(A)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1597 Filed 1-29-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4180-4182]
[DOCID:fr23ja09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-28-000]

Henry Gas Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Henry Gas Storage Project
Request for Comments on Environmental Issues and Notice of Public
Meeting

January 14, 2009.
    The Federal Energy Regulatory Commission (FERC or Commission) is in
the process of preparing an environmental assessment (EA) on the
environmental impacts of the Henry Gas Storage Project (HGS Project)
involving the construction and operation of a new natural gas storage
facility and new natural gas pipeline proposed by Henry Gas Storage,
LLC (HGS).
    This notice announces the opening of the scoping process that will
be used to gather input from the public and interested agencies on the
Project. Your input will help determine which issues will be evaluated
in the EA. Please note that the scoping period for this Project will
close on February 13, 2009.
    Comments on the Project may be submitted in written form or
verbally. In lieu of, or in addition, to sending written comments, we
also invite you to attend the public scoping meeting that has been
scheduled in the Project area on January 27, 2009. Details on how to
submit comments and additional details of the public scoping meeting
are provided in the Public Participation section of this notice.
    This notice is being sent to affected landowners; federal, state,
and local government representatives and agencies; environmental and
public interest groups; Native American tribes; other interested
parties; and local libraries and newspapers. We \1\ encourage
government representatives to notify their constituents of this planned
project and encourage them to comment on their areas of concern.
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    \1\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed pipeline
facilities. The pipeline company would seek to negotiate a mutually
acceptable agreement. However, if the Project is approved by the
Commission, that approval conveys with it the right of federal eminent
domain. Therefore, if easement negotiations fail to produce an
agreement, the pipeline company could initiate condemnation proceedings
in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice HGS provided to landowners. This fact sheet addresses a
number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings. It is
available for viewing on the FERC Internet Web site (http://
www.ferc.gov).

Summary of the Proposed Project

    HGS proposes to construction and operate an 11.5 billion cubic-feet
capacity natural gas salt-dome storage facility on Cote Blanche Island
in St. Mary Parish, Louisiana as well as a 12-mile, 24-inch-diameter
pipeline lateral. The HGS Project would have a withdrawal capacity of
2.6 billion cubic feet (bcf) of natural gas per day and an injection
capacity of up to 1 bcf per day.
    Location maps depicting the proposed facilities are attached to
this NOI as Appendix 1.\2\ HGS anticipates filing its application in
March 2009 with a request that the Commission issue a certificate by
September 2009. HGS

plans to complete the proposed project and commence service by April
2012.
    Specifically, HGS proposes the following primary components for the
HGS Project:
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    \2\ The appendices referenced in this notice are not printed in
the Federal Register, but they are being provided to all those who
receive this notice in the mail. Copies of the NOI can be obtained
from the Commission's Web site at the ``eLibrary'' link, from the
Commission's Public Reference Room, or by calling<PHONE_NUMBER>.
For instructions on connecting to eLibrary, refer to the end of this
notice.
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     Main Plant Site--Approximately 367 acres which would
include the following:
    >< Solution mining
equipment;
    >< Gas dehydration
system;
    >< Gas meter and pig
launcher and receiving facilities;
    >< Power generation,
utility systems, safety and fire equipment; and
    >< Compressor Station
which would consist of 14 reciprocating gas-fired engine/compressor
packages with a total of 66,220 horsepower;
     Four salt dome natural gas storage caverns;
     Brine decanting tank site;
     Raw water intake;
     Ferry landing, barge dock & helipad site;
     Approximately 25 miles of subsea 24-inch diameter brine
disposal pipeline terminating at the brine disposal outlet;
     Brine disposal outlet approximately 6.5 miles south-
southeast of Marsh Island in Iberia Parish Louisiana;
     Approximately 12 miles of 24-inch diameter natural gas
pipeline;
     Eight tie-in and metering facilities along the natural gas
pipeline route; and
     Pipe fabrication yard.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and Soils.
     Water Resources.
     Aquatic Resources.
     Vegetation and Wildlife.
     Threatened and Endangered Species.
     Land use, Recreation, and Visual Resources.
     Cultural Resources.
     Socioeconomics.
     Air Quality and Noise.
     Reliability and Safety.
     Cumulative Impacts.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission. To ensure your comments are
considered, please carefully follow the instructions in the public
participation section below.
    With this NOI, we are asking federal, state, and local agencies
with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EA. These agencies may choose to participate once they have
evaluated the proposal relative to their responsibilities. Additional
agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this NOI.

Currently Identified Environmental Issues

    We have already identified issues that we think deserve attention
based on our previous experience with similar projects in the region.
This preliminary list of issues, which is presented below, may be
revised based on your comments and our continuing analyses specific to
the HGS Project.
     Impacts of the pipeline on waterbodies, wetlands and
endangered species;
     Air quality impacts due to emissions from compressor
station;
     Water quality and fisheries impacts due to brine disposal;
and
     Impacts to fisheries and oyster beds from the brine
disposal pipeline.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the HGS Project. Your comments should focus
on the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send in your comments
so that they will be received in Washington, DC on or before February
13, 2009.
    For your convenience, there are three methods which you can use to
submit your written comments to the Commission. In all instances please
reference the Project docket number PF08-28-000 with your submission.
The docket numbers can be found on the front of this notice. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426;
    Label one copy of the comments for the attention of Gas Branch 3,
PJ-11.3.
    The public scoping meeting (date, time, and location listed below)
are designed to provide another opportunity to offer comments on the
proposed Project. Interested groups and individuals are encouraged to
attend the

meetings and to present comments on the environmental issues that they
believe should be addressed in the EA. A transcript of the scoping
meeting will be generated so that your comments can be accurately
recorded.
    Date: Tuesday, January 27, Scoping Meeting, 6 to 8 p.m.
    Location: Best Western, Forest Motor Inn & Restaurant, 1909 Main
St., Franklin, LA 70538.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners whose
property may be used temporarily for project purposes, who have
existing easements from the pipeline, or who own homes within distances
defined in the Commission's regulations of certain aboveground
facilities.
    If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Information Request
(Appendix 2). If you do not return the Information Request, you will be
taken off the mailing list.

Becoming an Intervenor

    Once HGS formally files its applications with the Commission, you
may want to become an ``intervenor,'' which is an official party to the
proceeding. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``e-filing'' link on the Commission's Web site.
Please note that you may not request intervenor status at this time.
You must wait until formal applications are filed with the Commission.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-1348 Filed 1-22-09; 8:45 am]

BILLING CODE 6717-01-P