[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Proposed Rules]
[Pages 67325-67327]
[FR Doc No: 2020-22914]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0887; Airspace Docket No. 20-ACE-22]
RIN 2120-AA66

Proposed Amendment Class E Airspace; Elkhart, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Elkhart-Morton County
Airport, Elkhart, KS. The FAA is proposing this action as the result of
an airspace review caused by the decommissioning of the Elkhart non-
directional beacon (NDB).

DATES: Comments must be received on or before December 7, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0887/Airspace Docket No. 20-ACE-22 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101

Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Elkhart-Morton County Airport, Elkhart, KS, to
support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-0887/
Airspace Docket No. 20-ACE-22.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface at Elkhart-Morton County
Airport, Elkhart, KS, by removing the Elkhart NDB an associated
extensions from the airspace legal description.
    This action is due to an airspace review caused by the
decommissioning of the Elkhart NDB, which provided navigational
information to the instrument procedures at this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

ACE KS E5 Elkhart, KS [Amended]

Elkhart-Morton County Airport, KS
    (Lat. 37[deg]00'03'' N, long. 101[deg]52'48'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Elkhart-Morton County Airport.

    Issued in Fort Worth, Texas, on October 13, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-22914 Filed 10-21-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68622-68623]
[FR Doc No: 2020-23948]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0085; Notice 1]

Mercedes-Benz USA, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Mercedes-Benz AG (MBAG) and Mercedes-Benz USA, LLC (MBUSA)
(collectively, ``Mercedes-Benz'') a subsidiary of Daimler AG has
determined that certain model year (MY) 2019-2020 Mercedes-Benz
Sprinter and MY 2019-2020 Freightliner Sprinter vans do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire
Selection and Rims and Motor Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor Vehicles with a GVWR of 5,536
Kilograms (10,000 Pounds) or Less. Daimler Vans USA LLC on behalf of
Mercedes-Benz filed a noncompliance report dated July 15, 2020.
Mercedes-Benz subsequently petitioned NHTSA on August 6, 2020, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Mercedes-Benz's petition.

DATES: Send comments on or before November 30, 2020.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Mercedes-Benz, a subsidiary of Daimler AG, has
determined that certain MY 2019-2020 Mercedes-Benz Sprinter and 2019-
2020 Freightliner Sprinter vans do not fully comply with the
requirements of paragraph S4.3(a) of FMVSS No. 110, Tire Selection and
Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 5,536 Kilograms (10,000
Pounds) or Less (49 CFR 571.110). Daimler Vans USA LLC on behalf of
Mercedes-Benz filed a noncompliance report dated July 15, 2020,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Mercedes-Benz subsequently petitioned NHTSA on August 6,
2020, for an exemption from the notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Mercedes-Benz's petition is published
under 49 U.S.C. 30118 and 30120 and does not represent any Agency
decision or other exercise of judgment concerning the merits of the
petition.
    II. Vans Involved: Approximately 33 MY 2019-2020 Mercedes-Benz
Sprinter and MY 2019-2020 Freightliner Sprinter vans manufactured
between April 18, 2019, and February 25, 2020, are potentially
involved.
    III. Noncompliance: Mercedes-Benz explains that the noncompliance
is that the subject vehicles are equipped with vehicle placards that
incorrectly state the maximum combined weight of occupants and cargo in
pounds and therefore, do not meet the requirements set forth in
paragraph S4.3(a) of FMVSS No. 110. Specifically, the last digit of the
value in pounds for the combined weight of occupants and cargo is
missing. The vehicle placard states that

the combined weight of occupants and cargo should never exceed 353
pounds when it should state 3,532 pounds.
    IV. Rule Requirements: Paragraph S4.3 of FMVSS No. 110 includes the
requirements relevant to this petition. Each vehicle, except for a
trailer or incomplete vehicle, shall show the information specified in
S4.3(a) through (g), and may show, at the manufacturer's option the
information specified in S4.3(h) and (i), on a placard permanently
affixed to the driver's side B-pillar. Specifically, S4.3(a) states
that vehicle capacity weight expressed as ``[t]he combined weight of
occupants and cargo should never exceed XXX kilograms or XXX pounds''
must be present on the driver's side B-pillar.
    V. Summary of Mercedes-Benz's Petition: The following views and
arguments presented in this section, ``V. Summary of Mercedes-Benz's
Petition,'' are the views and arguments provided by Mercedes-Benz. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. Mercedes-Benz describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
    In support of its petition, Mercedes-Benz offers the following
reasoning:
    Mercedes-Benz says the affected vehicles contain placards that do
not list the correct vehicle weight limit in pounds as they
inadvertently omit the last digit of the weight capacity. The maximum
weight capacity is provided accurately in kilograms. As an example, the
maximum weight is listed as 353 pounds but should be 3,532 pounds. All
of the remaining information on the placard is accurate.
    Despite the error on the placard, there is no increased risk to
motor vehicle safety. There is no risk of vehicle overloading. In the
event the consumer relies upon the maximum vehicle weight capacity
listed in pounds and does not reference any of the additional sources
of information available to determine the maximum loading capacity,
then the vehicle would be substantially underloaded.
    In addition, there are other accurate sources of vehicle weight
capacity information available to the operator. The certification label
pursuant to 49 CFR part 567 is located on the vehicle's B-pillar and
accurately indicates the vehicle's GVWR. In addition, the placard
includes the statement that the operator should refer to the owner's
manual for further information. The owner's manual for the affected
vehicles (both the hard copy manual and the electronic version
available online) describes the methodology for the customer to
calculate the accurate maximum weight in capacity information in both
pounds and kilograms. Upon noting that the maximum weight in pounds is
extremely low and differs significantly from the maximum weight listed
in kilograms, it is reasonable to expect that the operator would
question the information and refer to the owner's manual for further
clarification, as instructed on the placard. Thus, the driver can refer
to this alternate source of information to determine the correct
maximum load weight of the vehicle.
    Discrepancies in the maximum occupant capacity information have
been found to be inconsequential to motor vehicle safety, particularly
where the vehicle is technically capable of handling any increased
loading. See, e.g., Mercedes-Benz USA, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance, 82 FR 33547, July 20, 2017
(maximum combined weight of occupants and cargo was listed as a value
higher on the placard that the actual vehicle capacity. The
noncompliance was found to be inconsequential because the tire size and
pressure were accurate, and the tires and vehicle axles would have been
able to safely carry any additional loading on the vehicle).\1\ In the
affected vehicles, the omission of the last digit leads to a
substantially lower than calculated maximum vehicle loading capacity.
Therefore, there is no risk that a consumer relying on the placard
alone would overload the vehicle.
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    \1\ Mercedes-Benz also notes that a similar inconsequentiality
petition from another manufacturer is currently pending before the
Agency where the last digit was left off of the printed label and
the maximum loading capacity was similarly understated. See Jayco,
Inc., Receipt of Petition for Decision of Inconsequential
Noncompliance, 85 FR 554 (January 6, 2020). Here, the manufacturer
indicated a total of 8,174 trailers have trailer loading capacity
placards which show the vehicle weight capacity as 80 kg when it
should be 807 kg. In that case, the placard also includes an
additional character in the recommended tire inflation listing.
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    Further, the Agency has previously granted petitions for
inconsequential treatment for FMVSS No. 110, where the underlying issue
also involved missing information of typographical errors on the
vehicle placard, but where the information was otherwise readily
available from another source, such as the owner's manual. See, e.g.,
Kia Motors America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance, 85 FR 39676, July 1, 2020 (failure to
provide wheel size information and the letter ``i'' in ``psi'' on the
placard is inconsequential where the information could be obtained from
the owner's manual). That the accurate information is otherwise readily
available from other sources creates no additional enhanced risk to
motor vehicle safety in this case. In this case, the owner's manual
instructs the user on how to calculate the maximum vehicle weight
capacity.
    Finally, Mercedes-Benz states that it is not aware of any reports
or complaints about the issue from the field and it has corrected the
condition in production.
    Mercedes-Benz concludes by again contending that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    Mercedes Benz's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and following the online search
instructions to locate the docket number listed in the title of this
notice.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vans that Mercedes-Benz no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant buses under their control after Mercedes-
Benz notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-23948 Filed 10-28-20; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73157-73158]
[FR Doc No: 2016-25616]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79119; File No. SR-NASDAQ-2016-138]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Nasdaq Rule 7046

October 19, 2016.
    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 October 11, 2016, 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 the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Nasdaq Rule 7046 (Nasdaq Trading
Insights) to delay the availability of one of the components of that
product.
    The Exchange is requesting that the Commission waive the five-day
pre-filing requirement and the 30-day operative delay period contained
in SEC Rule 19b-4(f)(6)(iii).\3\
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    \3\ 17 CFR 240.19b-4(f)(6)(iii).
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    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 Exchange recently added Nasdaq Rule 7046 (Nasdaq Trading
Insights) to the Nasdaq rule book.\4\ Nasdaq Trading Insights is an
optional market data service available to market participants for a
corresponding fee \5\ and comprised of four distinct market data
components. Specifically, as described in greater detail in the filing
to establish Nasdaq Trading Insights, the market data components
include: (a) Missed Opportunity--Liquidity; (b) Missed Opportunity--
Latency; (c) Peer Benchmarking; and (d) Liquidity Dynamics Analysis.
The purpose of this proposed rule change is to announce that Nasdaq is
delaying the availability of the fourth component, Liquidity Dynamics
Analysis, while analyzing the possibility of modifying that component
and/or introducing adding [sic] additional data elements to Nasdaq
Trading Insights. Nasdaq will submit a proposed rule change in the near
future to confirm the availability of the Liquidity Dynamics Analysis
component and/or to effectuate any additional changes to Nasdaq Trading
Insights.
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    \4\ Securities Exchange Act Release No. 78886 (September 20,
2016), 81 FR 66113 (September 26, 2016) (SR-NASDAQ-2016-101).
    \5\ SR-NASDAQ-2016-124 (September 23, 2016).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\

in general and with Sections [sic] 6(b)(5) of the Act,\7\ in particular
in that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
This proposal is in keeping with those principles in that it is
designed to ensure that Rule 7046 accurately reflects the components of
Nasdaq Trading Insights that Nasdaq intends to make available at this
time.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, Nasdaq believes that the proposed rule change will not
affect competition in any respect because designed [sic] to ensure that
Rule 7046 accurately reflects the components of Nasdaq Trading Insights
that Nasdaq intends to make available at this time.

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 \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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. The Commission has waived the five-day prefiling
requirement in this case.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to 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. The
Exchange stated that although the Nasdaq Trading Insights product has
been approved and is available to customers, the Exchange intends to
delay the availability of one of its components in order to allow time
to analyze the possibility of modifying it. The Exchange believes that
waiver of the operative delay would ensure that Rule 7046 accurately
reflects the components of Nasdaq Trading Insights that the Exchange
intends to make available at this time. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the operative delay and designates the proposed rule change
operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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-2016-138 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-138. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-138, and should
be submitted on or before November 14, 2016.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Brent J. Fields,
Secretary.
[FR Doc. 2016-25616 Filed 10-21-16; 8:45 am]
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[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Page 6204]
[FR Doc No: 2014-02155]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0124]

Science Board to the Food and Drug Administration: Request for
Nominations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations to serve on the Science Board to FDA (Science Board).
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and, therefore, encourages nominations of
appropriately qualified candidates from these groups.

DATES: Nominations received on or before March 5, 2014, will be given
first consideration for membership on the Science Board. Nominations
received after March 5, 2014 will be considered for nomination to the
Board should nominees still be needed.

ADDRESSES: You may submit your information by logging into the FDA
advisory Committee Membership Nomination Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail
to Advisory Committee Oversight and Management Staff, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002.
Information about becoming a member on an FDA advisory committee can
also be obtained by visiting FDA's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm.

FOR FURTHER INFORMATION CONTACT: Martha Monser, Office of the Chief
Scientist, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 4286, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is requesting nominations to the Science
Board. The Science Board will meet approximately three times a year.
All meetings will be announced in the Federal Register at least 15 days
prior to each public meeting.

I. General Function of the Committee

    The Science Board shall provide advice primarily to the
Commissioner and other appropriate officials on specific complex
scientific and technical issues important to FDA and its mission,
including emerging issues within the scientific community.
Additionally, the Science Board will provide advice that supports the
Agency in keeping pace with technical and scientific developments,
including in regulatory science; and input into the Agency's research
agenda; and on upgrading its scientific and research facilities and
training opportunities. It will also provide, where requested, expert
review of Agency sponsored intramural and extramural scientific
research programs.

II. Desired Expertise

    FDA is specifically seeing persons knowledgeable in the fields of
food science, safety, and nutrition; chemistry; pharmacology;
translational and clinical medicine and research; toxicology;
biostatistics; medical devices; imaging; robotics; cell and tissue
based products; regenerative medicine; public health and epidemiology;
international health and regulation; product safety; product
manufacturing sciences and quality; and other scientific areas relevant
to FDA regulated products such as systems biology, informatics,
nanotechnology, combination products and relevant areas of behavioral
and social science. Members shall be chosen from academia and industry.
The Science Board may also include technically qualified federal
members.

III. Nomination Procedures

    Any interested person may nominate one or more qualified
individuals for membership on the Science Board. Self-nominations are
also accepted. Nominations must include a current, complete resume or
curriculum vitae for each nominee, including a current business address
and/or home address, telephone number, and email address if available.
Nominations must also acknowledge that the nominee is aware of the
nomination unless self-nominated. FDA will ask potential candidates to
provide detailed information concerning such matters related to
financial holdings, employment, and research grants and/or contracts to
permit evaluation of possible sources of conflicts of interest.
    This notice is issued under the Federal Advisory Act (5 U.S.C. app.
2) and 21 CFR part 14, relating to advisory committees.

    Dated: January 29, 2014.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2014-02155 Filed 1-31-14; 8:45 am]
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